Silberstein, Awad & Miklos, P.C.

Colo. Court Urged Not To Pause Brain Injury Coverage Suit The son of a woman with brain damage is urging a Colorado court not to pause litigation against his mother's insurer while it decides whether the matter belongs in arbitration in France, saying further delay could mean she won't be able to afford her $10,000 monthly care costs. Robert Hazan, the guardian and conservator for his mother Sara Behmoaras, argued in a Wednesday brief that not only would the pause requested ...Continue reading

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Bayer AG struck a $2 billion deal to resolve future legal claims that its widely used weedkiller Roundup causes cancer, the German company said.

NY Hospital, Doctors Escape Patient's Post-Op Stroke Suit A New York appeals court Wednesday affirmed a lower court's decision to let a New York hospital system and its doctors off the hook from a suit that alleged they irresponsibly cleared a woman for colon surgery and caused her to have a stroke. Supreme Court Judge Robert A. Bruno was right to grant three summary judgment motions for the defendants, because Ella Javich didn't prove that the doctors and hospital staff at N...Continue reading

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Fla. Hotels Resolve Woman's Sex Trafficking Suit Three Florida hotels and motels reached an agreement to permanently end a yearlong Florida federal court battle with a woman who says she was sex trafficked as a minor and that the hotels overlooked multiple red flags indicating criminal activity on their properties. In a pair of joint stipulations, a Jane Doe agreed to dismiss with prejudice a lawsuit she brought against MW Plantation LP, doing business as Sawgrass Inn & Conf...erence Center, and against Rickey Patel, doing business as Vacation Inn, and Sky Motel Inc. Neither stipulation indicates whether the parties reached a settlement. Doe sued the hotels in December 2019, alleging they were "willfully blind to criminal misconduct, at the expense of human life, human rights and human dignity." Doe, who was born in 1995, said that she was trafficked at the hotels starting when she was 16 and lasting until she was 22. She alleges human traffickers committed a slew of crimes at their hotels and that the hoteliers let it continue even with multiple signs of unlawful behavior. She claimed they ignored suspicious behavior flagged by anti-trafficking organizations, such as paying for rooms one night at a time using cash or prepaid credit cards, multiple guests coming and going without checking into a room, and frequent linen requests while refusing housekeeping services. In October, U.S. District Judge William P. Dimitrouleas ruled that Doe had alleged enough facts to support her Trafficking Victims Protection Reauthorization Act claims against the hotels and that they neglected to protect her, a hotel guest, against criminal conduct even amid all the red flags. The judge said Doe wasn't required to show the hotel owners had actual knowledge of the sex trafficking venture as long as the court could reasonably infer that the hotels "could be said to have a tacit agreement" with the traffickers. Still pending in Judge Dimitrouleas' court are similar claims Doe brought against two Florida La Quinta Inn locations.

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An MTA bus crash in the Bronx claimed the life of a 78-year-old pedestrian days after the incident. Learn more about this tragic incident in our blog, and if you lose a loved one in a New York bus accident, let us help! https://ask4sam.net/elderly-pedestrian-dies-days-after-bei/

Va. Atty, Lawmakers Seek To Abolish Med Mal Damages Cap An attorney best known for representing Paula Jones in her sexual harassment suit against President Bill Clinton is spearheading efforts to overturn Virginia's cap on medical malpractice damages, but attorneys are divided on whether the campaign will prove successful, given a long-standing agreement between rival groups on the limit. Virginia state Sen. Bill Stanley, a Republican, on Wednesday formally introduced S.B. 11...Continue reading

New Year’s Eve means elaborate ‘First Night’ events and parties held in homes and at bars and restaurants, COVID permitting of course. On one of the busiest nights of the year, you want to have fun but it is also important to make safety a priority. Accidents resulting in serious personal injuries are unfortunately common over New Year’s Eve. Here are some New Year’s Eve safety tips on how you and those you love can ring in the New Year on a healthy, happy note. New Year’s Ev...e Dangers The combination of people out celebrating and the prominent role drinking often plays at New Year’s events makes this one of the most common nights of the year for accidents and injuries. According to statistics from the National Safety Council roughly one out of ten accidents that occur in December and January happen over the New Year holiday, with the hours leading up to midnight and the early morning of January first being the most dangerous. Common types of accidents which can occur over the holiday include: Car accidents Pedestrian accidents Slips and falls Gun accidents Accidental fires and fireworks injuries In most of these cases, excessive alcohol use is a contributing factor. While it is natural to want to enjoy a few adult beverages while celebrating, it is important to do so in moderation, while also making safety a priority. Tips For A Safe & Happy New Year’s Eve To protect yourself and those you love against accidents and personal injuries, State Farm insurance offers these New Year’s Eve safety tips: Avoid drinking and driving: If you are going out for New Year’s Eve, make plans in advance for how you will get home. Cabs and Ubers will be in high demand, so make a reservation early to avoid being stuck. If you are entertaining at home, avoid over serving guests and be prepared to offer overnight accommodations if needed. Be careful about walking. Walking may seem a logical alternative to drinking and driving, but pedestrian accidents are a serious concern over the New Year. Avoid drinking too much, wear bright, light-colored clothing, stick to sidewalks and lighted streets, and wear appropriate shoes to prevent trips and falls. Use caution with fires and fireworks. While bonfires and firework displays can be a great way to celebrate, make sure there is a water source standing by. Keep small children nearby and avoid letting them get too close to displays. Practice firearm safety. While shooting off guns or rifles at midnight might be a tradition with folks in parts of the South, be careful with your aim and make sure all shooters have been properly trained. Been Injured? Get Help Today With these New Year’s Eve safety tips, you and yours can enjoy a safe and happy new year. See more

Car accidents can happen anywhere. Learn more about a North Babylon situation where a BMW crashed into a tattoo shop: https://ask4sam.net/bmw-suv-crashes-into-tattoo-shop-in-no/

There are 5 things about medical malpractice that a lot of people don’t know. Learn what they are in our free special report, which you can download here. https://zcu.io/KvId

Insurer Ducks Coverage Of Exploding Vape Suit A Missouri federal judge freed Scottsdale Insurance Co. from covering a chain of electronic cigarette stores in a customer's personal injury suit over an exploded vape battery, finding the alleged injuries are excluded by the policy. U.S. District Judge Roseann A. Ketchmark ruled Tuesday that Scottsdale has no duty to defend or indemnify Aqueous Vapor LLC after the company's e-cigarette battery exploded in a customer's pocket and ...allegedly caused injuries. "The court found the products-completed exclusion precluded coverage and that Missouri courts have routinely found exclusions with nearly identical language unambiguous," the judge said. Last January, Adam Williams of Jackson Country, Missouri, sued Aqueous Vapor in Missouri state court, alleging injuries resulting from an allegedly defective e-cigarette device, an e-cigarette battery and other parts that exploded in his pocket on Dec. 8, 2019. After Aqueous notified Scottsdale of the suit, the carrier denied coverage and subsequently filed a suit against the vape seller and Williams, seeking a declaration that it does not owe either defense or indemnity regarding the underlying action. According to the suit, the policy covers bodily injury and property damage of any "insured" caused by an "occurrence" at Aqueous' stores. However, the policy's "products-completed exclusion" exempts losses from Aqueous' products that occurred away from Aqueous' stores. The policy also bars coverage for injuries resulting from "tobacco or nicotine product." On Tuesday, Judge Ketchmark said the battery Williams bought exploded outside of Aqueous' stores and that Williams' injuries were allegedly caused by Aqueous' products, so there is no coverage as the policy expressly excludes losses from Aqueous' work and products. Williams has previously claimed that such interpretation would render the policy illusory, arguing that a commercial general liability policy is "to protect the insured against losses to third parties arising out of the operation of the insured's business." Judge Ketchmark disagreed on Tuesday, saying "Missouri also recognizes that [commercial general liability policies] are not intended as a guarantee of the quality of an insured's product or work." "Because the injuries arose out of a defect in Aqueous Vapor's product, Williams' argument is unpersuasive" he added. The judge also rebuffed Williams' contention that Scottsdale must defend him in the underlying action as required by the Missouri Merchandising Practices Act since Aqueous allegedly misrepresented its product. "Scottsdale has shown the products-completed exclusion bars coverage for the alleged injuries," he said, "Thus, even if the alleged negligent misrepresentations were an occurrence under the policy, they would be excluded from coverage." Representatives for the parties could not be immediately reached for comment.

If you slip and fall in a store, it's important to report the accident to a manager or employee, even if you don't think you were seriously hurt. The extent of your injuries is not always apparent immediately after an accident, and reporting your fall should produce documentation that could be helpful evidence in the event that you bring a personal injury claim.

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This firm obtained a significant settlement on my behalf. I would highly recommend Silberstein Awad and Miklos, P.C, to anyone that is looking for a personal injury attorney. - T.P.P., a Silberstein, Awad & Miklos client. https://zcu.io/EQku

There are five things you must do if you’ve been in a car accident. Download our free guide: https://zcu.io/dtUF

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We answer some common questions about construction accidents on this page of our website. Check it out: https://ask4sam.net/faq/construction-accident/

The construction industry is dangerous in its nature. This article discusses the types of injuries and legal options for an injured construction worker: https://ohsonline.com//injured-construction-workers-rights

If you are preparing for a deposition, make sure you read this page on our website: https://ask4sam.net/faq/deposition-faqs