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Lawrence Newman, DWI Lawyer
504 N. Aurora Street
Ithaca, NY 14850

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With over 130 videos of crucial information related to your New York DWI & Personal Injury Case!
Personal Injury
Dr. Lawrence (Larry) Newman was born in Brooklyn, New York. Dr. Newman obtained his Bachelor’s degree in human biology in 1984, and his Doctorate in Chiropractic in 1986. Dr. Newman maintained an active chiropractic practice treating thousands of people with personal injuries from 1986 to 1995 in Palm Beach County, FL. He then attended law school at Nova Southeastern University in Fort Lauderdale, FL. He went on to practice trial law in NY, NJ, PA, and FL representing the rights of those who have been seriously injured.

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Dr. Newman is a trial attorney who has handled cases ranging from medical malpractice to product liability in numerous state Courts. He brings an intimate understanding of medical issues, forensics, injury, and disease to the practice of law. This background allows him to fully understand the nature and extent of his clients’ injuries.

Education:

•National College of Chiropractic (B.S./D.C. 1984/1986)
•Nova Southeastern University School of Law (J.D., 1997)

Bar Admissions: 

•Florida Bar
•Pennsylvania Bar
•New Jersey Bar
•New York Bar
•US District Court for the Eastern District of Pennsylvania

Chiropractic Licensure:

•Florida (inactive)

How Auto Accidents Lead to Acute
Carpal Tunnel Syndrome?

People involved in auto accidents are often thrown in and around their seats. If passengers are unbelted the damages to them can be far worse as the potential to strike windshield glass increases without firm support. It is a natural reaction to raise your arms and hands in response to sudden trauma to your body. We are wired to self protect. The extremities extend out in order to brace and stabilize the body following an impact. The driver will typically hold a tight grip to the steering wheel and/or grab onto the dashboard at the time of the collision. Rear seated passengers will commonly use the front seatback to hold themselves in place. Fast, hard, and jarring contact with the dashboard, seatback, or steering wheel with the hands and wrist can injure the hands and wrists.

The carpal (wrist) tunnel is injured more often than reported in many car accident claims. This is often due to the delay in diagnosis. It can take weeks to months after an accident before people start to experience the hand, wrist, and finger symptoms commonly linked to a carpal tunnel injury. Swelling and inflammation may begin slowly within the tunnel. Pressure to the median nerve may only be slight as the damaged areas gradually expand over time.

If the carpal tunnel syndrome goes undiagnosed (undiscovered), and is never connected (related) to the auto claim then these car accident victims will never receive any compensation for their pain, suffering, medical bills, and loss of wages due to this serious wrist injury.

Read More About Auto Accidents & Carpal Tunnel Syndrome

WHAT IS A PREMISES LIABILITY CLAIM?

The law requires people to use care in going about their daily activities.  If you have been injured because of the carelessness of another person that is called “negligence.” A premises liability claim is for injuries or death that occur because there was an “unreasonably dangerous” condition on someone else’s property caused by their “negligence.”

Premises liability actions can arise from a variety of facts.  Below is a list of the some of the most common premises liability actions.

•Slip & Fall
•Trip & Fall
•Falling items inside a retail store
•Dangerous Nuisances like an open swimming pool or spa.
•Acts of Criminals  

There are a number of factual situations that may lead to a premises liability action. 
Below are a few:

  • A customer trips, falls, or slips on water or another foreign object lying    within a commercial business
  • A customer trips and falls over a parking lot bumper or stop at a             restaurant or other business
  • A customer is hit by a car while walking into a business
  • A customer is at Wal-Mart, K-Mart, Home Depot, Lowes, or any big box    store or warehouse club and merchandise falls off the shelf and injuries    the customer
  • A customer is mugged, raped, robbed or killed on commercial property
  • A student is sexually assaulted in her residential apartment
  • A visitor to somebody’s home falls over a sprinkler head or a hole in the    grass
  • A person is injured because of poor or no lighting

WHO CAN BE HELD LIABILE FOR A
PREMISES INJURY?

•An owner of a commercial business
•The business leasing the space
•The owner of a business property
•An owner of a residential property
•A state entity including municipalities
•The federal government

WHAT IS THE DUTY OF CARE THAT A PROPERTY OWNER OWES TO AN INJURED PERSON?

The type of duty of care owed depends on a number of factors in premises liability cases.  Firstly, has the owner or possessor of the property committed active negligence? For example, if they negligently fixed the handrail on a stairwell – the classification of the injured person on the property does not matter.

On the other hand, if the alleged negligence is due to a condition on the property (i.e. a hole in a walkway), the duty depends on the classification of the injured person.  Generally, the law recognizes two main classifications of people on the property:

(1) invitees, and licensees
(2) trespassers

The Highest Duty of Care: The Invitee

The owner or the possessor of a property owes an invitee the highest duty of care.  An invitee is just what the name says, a person who was invited onto the property.  Invitees include customers, firefighters, police officers, paramedics, or guests.  The duty of care requires that the property owner use reasonable care to keep and maintain the property in a reasonably safe condition, and a duty to warn invitees of unseen dangers.

The duty of care owed to a trespasser is set out in New York Statutes.  Generally, the duty is less than that required for an invitee.

WHO PAYS AN INJURED PERSON’S MEDICAL BILLS OR LOST WAGES?

Generally, medical bills and lost wages are damages that may be compensated for at the time of a settlement or a trial.  However, many Commercial General Liability Policies and Homeowner’s Policies have a medical payments provision that will pay specific amounts towards medical bills regardless of fault. In most of these policies medical payments are limited to only $ 5,000. 

Typically these types of policies state something like this:

We will pay medical expenses for bodily injury caused by accident regardless of fault.  We will pay the reasonable expense for first aid, necessary medical, dental and surgical care, and necessary hospital, professional nursing and funeral services.

WHAT TYPE OF COMPENSATION IS AVAILABLE IN THESE SLIP & FALL TYPE OF CASES?

If the person is injured and did not die from the injury, both economic and non-economic damages are available. Economic damages include:

•Past medical and hospital bills
•Future medical and hospital bills, if any can be anticipated
•Past lost wages from missing work, if any
•Future loss of earning capacity, if any can be anticipated

Non-economic damages include:

•Past physical and mental pain and suffering
•Future physical and mental pain and suffering
•Scarring, humiliation, and loss of enjoyment of life

If the injured person died because of the injuries sustained in the incident, the damages will be governed by the Wrongful Death Act and the number of statutory survivors.

WHAT ARE THE IMMEDIATE ACTION STEPS FOR ANYONE INVOLVED IN
A PREMISES LIABILITY INCIDENT?


THINGS TO DO

  • If you require emergency medical attention INSIST that 911 is called, and you are thoroughly evaluated by EMS, a hospital ER, and/or the Paramedics.
  • If the incident occurred on a commercial property INSIST that an incident report be filled out immediately.
  • Write down the names, addresses and phone numbers of any and all witnesses to the incident. If you do not have a camera phone, you should keep a disposable camera in your car.  If you are able and there is a defect on the property, like a ground hole or broken concrete, photograph the defect. 
  • If are your injured, and choose not to be transported to the hospital by EMS, go to the hospital or doctor within the next 24 hours. 
  • You must INSIST in writing by certified letter that the business keep any security videos of the scene. This MUST be done immediately because many digital recording systems record over the data every few days.
  • Follow your doctor’s and/or hospital’s advice, and treatment schedule.  Do not withhold any information regarding prior accidents or injuries. The insurance company will find this information in it’s a database.
  • Healthcare today is often rushed and many patients time pressure when visiting with their doctors. In order to make your time there most effective make a complete list of your injuries, symptoms, and complaints before your office visit.  Telling your doctor about ALL your problems and symptoms is crucial to your premises liability case because without documentation in your medical record, it will be difficult to impossible to prove your injuries.
  • If you are unable to work because of the injury, be sure to discuss this with your doctor.
  • Consult an experienced personal injury attorney if you are injured.  All conversations with your attorney are strictly confidential and protected by the attorney-client privilege.  Be straight with your lawyer, it is much better to learn of any weakness in your case at the outset as compared to the day of trial.
  • Direct all insurance company calls and letters to your attorney.
  • Keep a calendar and personal diary of the dates of your medical treatment so you can provide this information to your attorney.
  • If you were injured in a slip and fall or trip and fall, save your clothes and your shoes in a safe and secure location.

WHAT ARE THE SIX THINGS YOU SHOULD NEVER DO IF YOU ARE HURT ON SOMEONE’S PROPERTY?

  • NEVER talk or give a statement to the property owner’s insurance company before you have consulted an attorney.  The other insurance company is not your friend and does not have an obligation to be fair with you.
  • NEVER sign any insurance company papers, medical releases or documents without speaking to an attorney.
  • NEVER exaggerate or minimize your symptoms, complaints or injuries to your doctor.
  • NEVER end your medical treatment against your doctor’s recommendation.
  • NEVER hide information from your attorney.  All your conversations are protected under the attorney-client privilege, and your attorney needs to know any problems at the outset of the case so they can be handled.
  • NEVER talk to your doctor or anyone else about what your lawyer said.  As an example, if your lawyer recommends that you see a certain doctor for a certain condition, do not share that information with your doctor or anyone else because it will waive the attorney-client privilege.

WHAT ARE SOME SPECIAL TYPES OF PREMISES LIABILITY CASES?

A number of factual scenarios in premises liability exist that require specialized knowledge.  When confronted with this type of case, it is best to retain an attorney who has knowledge in these specific areas.

I.Criminal Acts of Third Person

This type of case begins when a person is injured by a criminal act of a third person on another’s property.  With certain facts present a property owner may be liable to the injured person who was shot outside a bar or a robbed outside a grocery store.

Generally, a property owner is not liable for the criminal acts of third parties on their property.  The basis for this rule is that a property owner is unable to control the acts of another person.  However, the property owner may be liable if he: (1) had knowledge of prior crimes; (2) had knowledge of the propensity of the specific person to perform a crime; or (3) provided security on the property. 

II.Injury on State or Municipal Property

The state or city may be liable for damages to a person who is injured on the property if the city or state is responsible for the maintenance and upkeep of the property.  In this situation, the injured person is required to comply with a specific Sovereign Immunity law that requires written notice of the claim to a number of potential parties.  Damages in cases against the state or cities are also limited by statute.

III.Injury on Federal Property

If a person is injured on federally owned property, there could be a chance of recovery against the federal government.  For instance, if a client slips & falls on a puddle of water in an IRS building, he is entitled to bring a claim against the government under the Federal Tort Claims Act.   The FTCA is a complex statute with numerous requirements, including a notice requirement that is similar to a state action.

Under the FTCA, the injured party gives up their right to a jury trial, and any dispute will be decided by a federal court judge.  Many attorneys do not handle FTCA cases because the claims procedure is complex and the litigation has to occur in federal court.

What is the value of closure in any legal matter?

One common denominator most people fail to understand is that # 1 any legal action is a dispute. The “Vs.” (Versus) in between the parties names on all the legal papers. These are how all lawsuits begin. There are "parties" that desire something and/or wish to take something away from you.

It is YOU vs. an insurance company and/or an insured (personal injury action). At stake: Money

It is the government (in NYS, called "the People" of the State of NY) vs. YOU (criminal action). At stake: Life and liberty.

It is a governmental agency (ie. DMV, Board of Education) vs. YOU (administrative action). At stake: A license (permission)

It is a spouse (husband or wife) vs. spouse (Divorce). At stake: Money, property, and children.

It is a neighbor vs. neighbor (property dispute). At stake: Money, property rights.

It is a company vs. YOU (collection action). At stake: Money to enforce a contract.

In general to most normal and healthy people conflict does not feel good, in fact it feels bad to most people to be in confrontational positions. Thank G-d most lawsuits are eventually resolved. Resolution usually occurs via some compromise(s). A small percentage of lawsuits (legal actions) wind up in a Court of law. This is where a jury or Judge will ultimately decide upon the final outcome.

Trials (criminal and civil) are both stressful and expensive. The cost of trial is not just financial. There is an emotional cost to dragging all your stuff out into public. Trials are generally public affairs. Everything you thought was sacrosanct (sacred / secret/ personal/ private) can be revealed for all to see and hear about. Inflammatory accusations, mudslinging, and personal attacks are more the norm than the exception these days. The real issues clouded by diversion.

So what is the "value" of closure?

1. Relief from Uncertainty

In criminal actions, a fast (timely) resolution can be relieving because the uncertainty of trial (an uncertain outcome) is removed. Most criminal cases are resolved with plea agreements. In the Federal system about 97% of the cases are resolved with pleas. In the state system it is almost 90% plus.

In civil cases, car and truck accident cases, with personal injuries, most claims are resolved pre-trial. Rarely are people happy about the outcome from an injury case. Who wants to trade a body part or their loss of health for any amount of money? Who wants to place a price on their well being? Can we ever put a price on a life? Is your child worth a million dollars? Sometimes the best result we can hope for are two unhappy parties that can accept a final result they can both live with.

2. Relief from Emotional and Mental Stress

Night after night I may toss and turn worrying over a case I am working on. Worrying that something I might do or say may make the difference in someone's final case outcome. The result is that important in and to their life. The emotional and mental burden of being involved in a lawsuit of any kind is immeasurable. Imagine now it is YOUR case, YOU are on trial, YOUR life and liberty or future are on the line. This is your opportunity to not only be heard but more importantly to be valued. Having anything hanging over your head is not pleasant. The value of putting things behind you, and moving forward with your life is beyond money. Going to sleep free and clear of a problem brings a feeling of comfort.

I think clients MUST Always consider the VALUE of closure.

The value of your time (months to years), and the closure of a legal matter have to be considered when YOU are involved in any legal action. YOUR attorney should bring practical, level (balanced), and holistic (looking at everything) counsel. This counsel needs to be devoid of emotional baggage to show the "value" of compromise for you. Holding onto unrealistic expectations (grounded in fantasy) can be a death sentence to those that choose to ignore the rational (reality based) thought of balanced legal counsel.