The Stanley Law Offices

Wednesday, April 30, 2008

Safe Boating Week

If you are involved in a boating accident, your risk of drowning is much greater if you are not wearing a life jacket. Of the 474 drowning deaths reported in 2006, 423 were not wearing a life jacket. In order to raise awareness of this important boating safety step, the National Safe Boating council has declared May 17 through May 23 as Safe Boating Week, with special emphasis on wearing life jackets.

You might think that wearing a life jacket is for sissies, or that they are too cumbersome. But the days of those one-size fits all orange things we used to wear at camp are long gone. There are many lightweight and comfortable styles available today, and you'll be able to find one to accommodate your the specific activity.

  • A Type I jacket is made for rough conditions where extended survival may be necessary. Most of them are specially designed to ensure that an unconscious victim floats face up.
  • A Type II jacket is designed for use closer to shore, to be worn where you can expect a relatively quick rescue. They are less expensive than other types and are the most common jacket available. However, they are also designed to help you float face up.

Just wearing a life jacket isn't enough unless it fits you well. To check for proper fit, raise your hands over your head and have someone tug up on the jacket. The jacket should not show a large gap over the shoulders, or come up into your face. If it does, you'll need to get a different size. And of course, make sure the jacket is properly buckled and fastened.

If you have been involved in a boating accident and sustained property damage or personal injury, please contact the Stanley Law Offices as soon as possible to identify your options and protect your rights.

posted by Patti at 5:09 PM 0 comments

Tuesday, April 22, 2008

Authorization for defense counsel interview


To medical doctors as treating physicians:

My law firm represents clients in medical malpractice suits regarding conduct which allegedly falls below the standard of medical care in the community. As I'm sure you don't follow all the legal decisions of the courts, I am writing to make you aware of a recent decision known in the legal world as Arons v. Jutkowitz, 9 NY3d 393, 880 NE.2d 831 (2007). The New York Court of Appeals held that a plaintiff in a medical malpractice action may be compelled to furnish a HIPAA compliant authorization permitting, but not compelling, a treating physician of the Plaintiff to be interviewed by defense counsel.

A plaintiff’s concerns that defense counsel might overreach during this type of interview and obtain information which would be beyond the scope of the limited waiver of the medical privilege were brushed aside by the Court of Appeals. The court said that it is assumed said attorneys would make their identity and interest known to interviewees and comport themselves ethically.

The request by the defense attorney must be accompanied by an authorization signed by the Plaintiff, your patient, which states that you are permitted to discuss only the following medical conditions which are the subject matter of the lawsuit. Nothing contained in the authorization authorizes you to discuss anything about this Plaintiff, your patient, other than the stated medical conditions set forth in the authorization. The purpose of the interview is to assist the defendants in the defense of the lawsuit brought by the Plaintiff, your patient. The authorization is not at the request of the Plaintiff, your patient.

The authorization must state in bold letters that your willingness to participate in this interview is entirely voluntary on your part. You are free to decline the request for the interview.

My concern is that doctors really see lawyers as a pain in their side and may not realize what is happening in the legal world. Thus, when presented with a signed authorization, they may feel obligated to do the interview when they don't really have to and they will hate plaintiff’s lawyers even more than they do now. Hopefully, this blog will help reduce these bad feelings.

Richard E. Clark

posted by Richard E. Clark, Esq. at 4:43 PM 0 comments

Thursday, April 17, 2008

Construction Accidents


The Construction season is in high gear. New York State has a incredibly complex set of rules for those hurt on a construction site. If you are injured you should consult a lawyer who is familiar with the law so that all your rights are protected.

posted by Joe Stanley, Esq. at 10:08 AM 0 comments

Legal Questions


Many interesting questions come up on my weekly radio shows. I will address some of the issues. Today a home owner inquired about problems with a neighbor. All homeowners have to be reasonable in the maintenance and care of their property. The cannot create nuisances or violate zoning statutes. They are responsible for any defective or dangerous condition they create or know about on their property. Our firm handles many types of cases involving falls, trips, etc. on property. If you have any questions just call and we will let you know your rights.

posted by Joe Stanley, Esq. at 10:02 AM 0 comments

Drive Safely


The recent crash on I81 shows the danger of tractor trailer crashes.

A New Jersey truck driver died Wednesday of injuries suffered when his tractor-trailer rolled over on Interstate 81 near Tully, state police said.


Carlos Fuentes, 30, of North Bergen, was northbound at 5:04 a.m. near the Tully interchange when he went off the road, troopers said. No other vehicles were involved.


The cause of the crash remains under investigation, Sgt. Kris Sisbower said. Tractor trailer are very large and are dangerous if not operated safely. All drivers need to keep an eye out for them.

posted by Joe Stanley, Esq. at 9:59 AM 0 comments

Thursday, April 10, 2008

ATV Accidents

Each year more families are discovering the thrills and dangers of riding in ATVs. Nearly 20% of all fatal ATV accidents involve children less than sixteen years of age, even though ATV manufacturers are required to warn people about letting children ride adult size ATVs. If you ignore this advice you are putting your child at great risk of personal injury or death.

Handling an ATV is a very interactive activity. You must be able to shift your weight in order to manage the machine, and the faster you go, the more often you need to shift your weight. But a child does not have enough weight to safely maneuver a 600-pound vehicle. Most fatalities occur when the ATV overturns on top of the rider.

Because of all the public attention whenever an ATV tragedy takes place, stiffer regulations on ATVs are constantly sought. It's enjoyable to have the personal freedom to choose how, when, and where you ride, but like all freedoms, that brings responsibility with it - to ride safely. Several states are already enacting restrictive laws about riding age and helmet use.

Safety for this dangerous activity should be your number one goal. If you have been injured by a careless ATV driver, please contact the Stanley Law Offices as soon as possible to learn more about your options and protect your legal rights.

posted by Patti at 4:53 PM 0 comments

Tuesday, April 1, 2008

Worker Compensation


The following story shows what happens if you are not honest in pursuing an injury claim.

Solvay man admits to workers compensation fraud



Tuesday April 01, 2008


Syracuse, NY - A Solvay man pleaded guilty today to obtaining $17,000 in workers compensation benefits to which he was not entitled.


Henry A. Wisneski, 51, of 200 Oakridge Drive, pleaded guilty to a felony count of third-degree insurance fraud. He admitted obtaining the benefits from April 2006 through November 2007 by failing to report that he was earning $75 a week on another job.


County Judge Anthony Aloi promised Wisneski a sentence of five years probation and set sentencing for June 2. The judge said Wisneski could be terminated from probation as soon as he makes full restitution.


Staff writer Jim O'Hara provided this report.

Always tell the truth. If you have any question consult an lawyer and the will help you deal the the facts of your case whatever they are.

posted by Joe Stanley, Esq. at 4:58 PM 0 comments

Construction Accidents


If you are hurt while working on a construction site you need to contact a lawyer to protect your right and investigate the case properly. More than any kind of case investigation of construction accidents is critically important.

posted by Joe Stanley, Esq. at 4:52 PM 0 comments

Spring And Car Crashes


It's getting warmer and we all will be driving more. Make sure you check out your car after a long winter. Now is a good time to check your automobile insurance policy to make sure you have proper coverages. It is important that you have maximum coverage under the so called SUM or underinsured motorist coverage. This protects you if you are injured from a driver who has less insurance than you carry. Talk to your agent and get maximum coverage available so you will be protected in a car crash.

posted by Joe Stanley, Esq. at 4:45 PM 0 comments