New York has also made some temporary changes to the law to ensure that civil matters can proceed even though jury trials have been suspended. At Langsam Law, the vast majority of our time is spent not in the courts, but preparing cases, many of which we settle out of court. This email will inform you about some of the changes that have been made to New York law and how they may impact you.

1. Remote notarizations are now allowed. On March 19, Governor Cuomo issued an executive order that allows documents to be notarized by remote videoconferencing, . All of the Langsam Law team members are notary publics. This means that we can continue to process and settle cases that require witnessing and authenticating signatures to execute documents related to our cases.
2. Statute of limitations for filing lawsuits has been extended. Under normal circumstances, for personal injury cases, a summons and complaint must be filed within three years, or one year and 90 days in the case of lawsuits against municipalities. This statute of limitations has now been extended by 30 days. This extension would also apply to the Child Victims Act, which removed ­all statutes of limitations for sexual abuse claims for a year window, bringing the filing deadline to September 12, 2020. It’s important to stress, however, that case preparation should begin as soon as possible, and this can be done remotely via Zoom videoconferencing with Langsam Law. Contact us for a free consultation if you have any questions.
3. Notice of claims should still be proceeded with as soon as possible. A notice of claim is not the same as filing a lawsuit, and in negligence cases against municipalities there is a short 90-day window to file a notice of claim. It is unclear whether the 30-day extension to filing a summons and complaint would also apply to a notice of claim, so we recommend getting these started as soon as possible. Even if they can’t be filed with the court, you will have a dated, notarized document and a paper trail.
4. Settlements continue. In negligence cases, settlement discussions can proceed without any action, and we often try to settle a case before any legal action is started and also while a lawsuit is pending. We begin by doing our due diligence, researching the situation, and contacting interested parties to build a strong, solid case. Many entities are compelled to settle rather than spend the time and money it takes to go to court, not to mention the possibility of sullying of their business reputation with bad press. Langsam Law can pursue a fair settlement for medical care, lost earnings, and pain and suffering, and has settled a number of cases in the past week alone.

While our day-to-day lives have changed significantly, accidents still happen. We are at the ready to evaluate new cases while we continue to move existing ones forward. If you would like to discuss a possible personal injury case, this is an excellent time to proceed. Once the civil courts re-open, claims are certain to abound, so getting started as soon as possible is more important now than ever.

If someone other than an employer or co-worker contributed to an incident that resulted in an on-the-job injury, a lawsuit may be filed against that 3rd party. Circumstances may include hazardous conditions in or around the work environment that an entity other than the employer was responsible for safeguarding, or unsafe equipment that was used on the job but provided by a 3^rd party.

In the event of any incident, we advise contacting a personal injury attorney for a consultation. Often times maladies surface weeks, months, or even years down the road, and it is important to protect yourself and your family by recovering for losses that could impact your future well-being.

Case Study

Langsam Law recently settled a case where we represented a welder who was injured in an explosion of underground gas tanks. Although the defense presented a very strong case claiming the plaintiff should not able to bring the suit because he had already claimed a workers’ compensation suit, Langsam Law prevailed by proving the negligence of 3^rd parties involved in the removal of underground gas tanks at a construction site near the High Line. The owner of the new building and a contractor responsible for testing the air to ensure all gas tanks were empty and flammable fumes were remediated settled with our client for $470,000 to compensate for pain and suffering and psychological impact.

Read more case studies from our previous post, 3rd-Party Law Provisions Allow Workers to Claim Damages Beyond Just Workers Comp.

Note: Prior results do not guarantee similar results.

In New York, workers are entitled to weekly cash benefits as well as medical care related to the injury, but often the cash benefits don’t equal lost wages. If it is determined that negligence of a third party, i.e. someone other than the employer or a co-worker, contributed to the incident, a lawsuit may be filed against that 3rd party which could compensate the injured party for the balance of lost wages as well as pain and suffering, which generally results in much greater compensation than a workers’ compensation award. An example of a 3^rd-party claim may be that another company was responsible for a hazardous condition in or around the work environment, or provided unsafe equipment that was used on the job.

Case Study 1

Langsam Law represented a construction worker who was injured while using an electric blower to remove brick dust during a renovation. The safety covers on the blower’s fan blades had been removed, and the worker severed his finger. Langsam Law filed a claim against the contractor who supplied the unsafe equipment, recovering lost wages and pain and suffering that were not provided for by the employer’s workers’ comp insurance.

Case Study 2

Langsam Law represented a worker who was delivering beverages to a restaurant and fell after tripping on a ramp with frayed carpeting that was provided by the restaurant. Although the delivery driver was injured in the course of his employment and received workers’ compensation benefits for a portion of his lost earnings, he also successfully sued the restaurant where he was making the delivery for their negligence. Langsam Law was able to recover a substantial sum of money for his pain, suffering and lost earnings which were not covered by workers’ compensation benefits.

Note: Prior results do not guarantee similar results.

Here is an example of a successful settlement from earlier this year:

• A delivery man for a beverage distributor was delivering beverages to a restaurant when a restaurant employee placed a ramp at the restaurant entrance for the delivery. The ramp was covered with frayed carpeting, which caused the plaintiff to trip and fall, sustaining injuries.
• Although the delivery driver was injured in the course of his employment and received workers compensation benefits for a portion of his lost earnings, he also successfully sued the restaurant where he was making the delivery for their negligence. He was able to recover a substantial sum of money for his pain, suffering and lost earnings which were not covered by workers compensation benefits.

Another common example of a third-party lawsuit is when a worker who is driving a vehicle during the course of his/her employment is injured as a result of an automobile accident where the driver of the other vehicle is at fault. There again, in addition to collecting workers compensation benefits for medical reimbursement and lost wages, the injured party was able to also recover from the negligent driver.

The takeaway is this: Although you are entitled to receive workers compensation benefits for injuries sustained on your job, you may also be entitled to bring a lawsuit against the entity and/or person who is responsible for the accident, allowing you to recover substantial damages for your pain and suffering and lost income.

Note: Prior results do not guarantee similar results.