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May 2011 Archives

Why New York Train Conductors Should Blow Their Horns

Since trains began traveling in the United States, they have been equipped with horns to warn others of their approach. It sounds simple. The notice provided by the horn would allow others to get out of the way before they were harmed.Of course, it isn't that simple.The need to warn people of advancing trains has long been the subject of federal regulation and state and local laws. The government needs to balance the need for the horn warning system with the public's desire to decrease the noise created by consistent train horns.The Train Horn RuleToday, the federal train horn rule requires engineers to sound the horn for at least 15 seconds but not more than 20 seconds when approaching public grade crossings unless a specific exception exists. When possible, the horn should sound 2 long, 1 short and 1 long sounds. Additionally, the sound level should be between 96 -110 decibels.Of course, other train horn rules and exceptions may also apply. Call a New York Railroad Attorney if You've Been Hurt in a Crossing AccidentIf you have been hurt at a public crossing and did not hear a train whistle, then it is important to contact a New York railroad lawyer to investigate your case and advise you of your rights. Please call 1-800-362-9329 today for more information.

3 Common Causes of Broken Rib Injuries for New York Construction Workers

Broken rib injuries can be serious, particularly when three or more ribs are broken, when the injury is untreated, or when secondary problems such as pneumonia develop. As a New York construction worker you do your part to avoid injury, but does your employer? Below are some common types of construction accidents that result in construction workers suffering broken ribs and seeking the advice of a New York construction accident lawyer:

Punitive Damages Do More Than Punish Employers After a New York Maritime Injury

By definition, punitive damages are designed to punish the party which is required to pay the damages. However, punishment is not the only objective fulfilled by punitive damages. If you have been hurt in a maritime accident, then it is important to understand just how punitive damages can help you as well as punish your employer. Generally, punitive damages may help you in three ways. Maritime punitive damages may:

3 Reasons Not to Hide Anything from Your New York Construction Accident Lawyer

It is human nature to hide your weakness and present your strongest case. We all try to emphasize the good parts of our stories and minimize the bad parts. While it is natural to want to protect oneself in this way, it is important that it is not done to your own detriment. Specifically, it is important that you do not hide things from your New York construction accident lawyer. Your lawyer will not judge you or think less of you for sharing a fact that may make your case harder to win. Instead, your lawyer will use the information you provide to:

3 Ways to Contact a New York Slip and Fall Lawyer Immediately After You're Injured

The minutes following New York slip and fall accidents are often a blur. Well meaning people may be asking you if you are okay, authorities or property owners may be asking you what happened, and you may be struggling with pain and the confusion that accompanies an accident. It is important that you take care of your short term needs, like getting prompt medical attention and letting your colleagues and loved ones know what happened, while being mindful of your long term needs. With your long term medical, financial and legal needs in mind, it is advisable to contact a New York slip and fall attorney as soon as possible after your fall. At Hofmann & Schweitzer, our lawyers know that you need legal advice quickly, and we encourage you to contact us in the manner that is most convenient for you:

A New York Jones Act Attorney's Advice About Collecting Maintenance and Cure

There are few situations in life where it doesn't matter whether you are the one at fault. Collecting maintenance and cure after a maritime accident is, fortunately, one time where it doesn't matter if you caused your own injury.The maritime doctrine of maintenance and cure is meant to provide an injured seaman with reasonable living expenses while the seaman can't be on his vessel, and with money to pay medical expenses up to the maximum medical cure so that he can recover from his injuries.Unlike other maritime laws, a seaman may be able to recover damages even if he caused his own injury. Yet, some maritime employers may not be willing to share that information, or payments, with injured maritime workers.If you have been hurt in any kind of maritime accident, then it is important to contact a New York Jones Act attorney. A New York Jones Act lawyer understands how the law applies to your situation, will explain your rights to you, and will fight hard to get you the just recovery that you deserve. Please call an experienced attorney at Hofmann & Schweitzer today at 1-800-3-MAY-DAY to learn more about your rights and your potential recovery. 

A New York FELA Lawyer's Look at a Pending Supreme Court Case

On March 28, 2011, the United States Supreme Court heard oral arguments in a case that could significantly change the causation rule in the Federal Employers Liability Act (FELA) for the first time this century. As a New York FELA lawyer, I am watching the Supreme Court's actions closely so as to best advise my clients.The arguments heard in CSX Transportation v. McBride raise the important issue of whether FELA requires a plaintiff to prove proximate cause in order to recover damages or whether the plaintiff is only required to show that the defendant played some role in causing the injury.The District Court and the 7th Circuit Court of Appeals both concluded that FELA does not require proximate cause in order for a plaintiff to recover damages. It is the railroad company, CSX Transportation, that appealed the ruling to the Supreme Court.The Supreme Court's ruling in this case will be significant for injured railroad workers around the country, including here in New York. As the law continues to evolve through court decisions, I will continue to zealously represent injured railroad workers and to fight for their just recovery.If you have been hurt, please call a New York FELA attorney at 1-800-362-9329 for more information about your rights. 

How a New Jersey Construction Accident Lawyer Will Help You After a Hand Injury

It can be difficult to imagine what your life will be like after a significant construction hand injury. Not only do you have to adjust to life without the full use of your hand, you may no longer be able to do the things that you once enjoyed. You may no longer be able to work as a construction worker.As a New Jersey construction accident attorney, I am concerned about what you have lost and I am ready to fight hard to get you the damages that you deserve for your injuries. If you have suffered from a construction-related hand injury, then I will fight to make sure that you are compensated for your past and reasonably anticipated future:

How a New Jersey Construction Accident Lawyer Will Help You After a Hand Injury

It can be difficult to imagine what your life will be like after a significant construction hand injury. Not only do you have to adjust to life without the full use of your hand, you may no longer be able to do the things that you once enjoyed. You may no longer be able to work as a construction worker.As a New Jersey construction accident attorney, I am concerned about what you have lost and I am ready to fight hard to get you the damages that you deserve for your injuries. If you have suffered from a construction-related hand injury, then I will fight to make sure that you are compensated for your past and reasonably anticipated future:

Fighting To Protect What Matters Most

You are not the only one who suffers after a serious accident. Crushing medical bills and lost wages can be devastating to your family for years.

It doesn’t have to be that way.

Speak To An Attorney, Get Help.