Wednesday, January 14, 2015

Settlement Expected in Fatal Car Crash Lawsuit

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The latest blog post from Frank Azar:


Car CrashA lawsuit filed by the estate of a mother and son, who died in a fatal car crash back in March of 2013, and the two children that survived, is currently in the process of being settled.


The lawsuit was initially filed on February 25th in Montgomery County Court on behalf of the husband and father of the deceased against Amsterdam man David W. Bain.


The proposed settlement has been revealed to be $420,000. The amount is set to be paid by either Bain himself or his insurance company, State Farm Mutual Insurance Company.


According to the Leader-Herald, “Bain was charged in September with three counts of second-degree manslaughter, three counts of criminal negligent homicide, second-degree assault, reckless driving and failure to keep right.”


The accident occurred on March 10, 2013 when Bain was driving east on Route 67 and allegedly crossed the yellow line, striking the westbound Tanya Sleight. “Sleight, 33, and her friend Shyara Concepcion, 39, were pronounced dead at the scene.”


Sleight’s oldest son, Elijah Sleight, 9, passed away the following day, March 11, at the Albany Medical Center from his injuries. Sleights two other children, Naomi and Michael, were also in the car and survived the crash, although Naomi reportedly suffered severe injuries.


The suit alleges that Bain was driving in a “negligent manner” and that the Sleight family was wearing seatbelts. Additionally, the suit states that Naomi Sleight was in a “child-safety restraint at the time of the accident”.


The settlement awards the following:


$103,251.85 to Naomi Sleight in personal-injury damages as well as the wrongful-death proceeds of her mother. The money is to be placed into a special-needs trust.


$28,549.50 to Matthew Sleight, which will be placed into a trust fund until he turns 18.


$144,345 to Christopher Sleight for the wrongful deaths of his wife and son, Tanya and Elijah Sleight.


$172.65 to the Montgomery County Department of Social Services.


$3,681 to the commissioner of the Saratoga County Department of Social Services (for injury related expenses from the accident, that were covered by Medicaid).


Additionally, $140,000 in Attorney’s fees are due to be paid to DuCharme, Clark & Sovern.


For the complete article, visit the Leader-Herald.


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Tuesday, December 30, 2014

Wednesday, December 3, 2014

Frank Azar – Class Action Lawsuit Against Breyers Ice Cream Dropped

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Breyers Ice Cream All NaturalOn July 22nd, 2014, New Jersey resident Yosh Jefferson filed a class action against Conopco Inc., the maker of Breyers Ice Cream, for false advertising. The lawsuit is part of a growing trend for today’s consumers, who have statistically been seeking foods with fewer synthetic ingredients; other recent class action lawsuits having been filed against companies like Red Bull, 5-Hour Energy, and Naked Juice. Just like these other lawsuits, the class action against Conopco was on the grounds of false advertising.


Mr. Jefferson alleged that Breyers wrongly advertises that its ice cream is “All Natural”, giving the company grounds to raise prices over ice creams with artificial ingredients and leading consumers to pay a premium (38% more, Jefferson alleged). However, while Breyers packaging might say “All Natural”, it might actually contain artificial ingredients. Jefferson claims that this “All Natural” label is a mischaracterization of ice creams that contain alkalized cocoa, a non-natural processed ingredient produced from synthesized ingredients like potassium carbonate.


In this case, the essential question was: Can alkalized cocoa, a product that has been in use for around two hundred years, be considered a “natural” ingredient when it is made with an artificial ingredient like potassium carbonate?


Now, this week, a New Jersey court has dismissed the case as each party has decided to not proceed with the lawsuit, leaving an air of uncertainty over whether Conopco was guilty of false advertising.


This type of food labeling case largely relies on the judge and whether he or she believes the lawsuit has been preempted by a ruling or regulation from the F.D.A. In this case, both parties came to an undisclosed settlement, but in other cases, judges have allowed the cases to proceed. Many other groups eventually decided to pursue their lawsuits against other companies to varying degrees of success, creating a real impetus for the United States Food and Drug Administration to provide a comprehensive ruling on what is deemed a “natural” ingredient and what is not.


For now, Breyers has replaced the “All Natural” label with “Original”.


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Frank Azar – Tracy Morgan Still Battling Severe Brain Injury After Highway Crash

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The latest blog post from Frank Azar:


Tracy MorganAccording to a recent article featured on Yahoo News, beloved American actor and comedian, Tracy Morgan, is still fighting to recuperate from a severe brain injury following a car crash earlier this year on June 7th. At this time, it has not yet been determined if he will make a full recovery and be “the Tracy Morgan he once was”.


On June 7, 2014, Morgan and several of his friends had been on their way home from a show in Delaware, when a Wal-Mart truck crashed into them. One person was killed and three were injured (two seriously). Following the accident, Morgan spent multiple weeks in a hospital, as well as in rehab.


As per Benedict Morelli, Morgan’s lawyer, the former Saturday Night Live and 30 Rock star endured a traumatic brain injury, as well as a broken leg, nose and ribs.


Attorneys have recently been in court to schedule Morgan’s lawsuit against Arkansas based Wal-Mart Stores Inc. Morgan was not present at the proceedings.


“When you have a traumatic brain injury it takes a very long time to find out how you’re going to do and how much you’re going to recover,” Morelli said. “You just don’t know. So that’s where he is. He’s still fighting and trying to live his life at the same time and trying to get better, and he’s just not better. We’re hoping and praying to get him back to where he was. But the jury’s out.”


According to the article, Morgan sued for punitive and compensatory damages in late September; however, Wal-Mart has responded, claiming that the victims’ injuries were in part caused by the fact that they weren’t wearing their seatbelts.


Kevin Roper, the Georgia truck driver named in the lawsuit, has been charged with “death by auto and four counts of assault by auto in state court.”


Back in June, a preliminary investigation by the National Transportation Safety Board released that Roper had been driving 65 mph right before crashing into the back of the van. The legal speed limit on that specific stretch of the New Jersey Turnpike is 55 mph; however, it had been lowered to 45 mph that night due to ongoing construction.


To read the entire article featured on Yahoo News, please click here.


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Tuesday, November 25, 2014

Youth Design

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The latest blog post from Frank Azar:


youth designsOn Thursday, November 13, 2014, Youth Design held its second annual Designer Carnival Event at the W hotel. Youth Design, which was piloted in 2003, is a Boston based non-profit organization, geared towards preparing a diverse group of urban high-schoolers to realize their full creative potential, live their dream and become the next generation of designers.


The event supports Youth Design’s powerful mission to help change the course of these student’s lives by encouraging them to pursue a higher education and fulfilling careers. Youth Design is the leading program in Boston, that “focuses on addressing the critical socioeconomic needs of urban youth”, Zoey Gulmi, a writer and founder of Style by Zoe writes, “by teaching them highly marketable design skills”. Youth Design hopes that the next generations of “Youth Designs” will develop the necessary skills to achieve financial stability and sufficiency. And how better to work towards this goal, than by getting today’s professional design community involved and utilizing them as mentors.


The arts play such a crucial role in our society. The importance, however, goes unnoticed by too many. Frankly one could say that the arts are mostly just taken for granted. As a society, the arts keeps us grounded and complete us a human beings – they allow us to be available in the moment and be vulnerable. They allow us to communicate and express our emotions in the most genuine of forms. Furthermore, they bridge cultures and bring people together. Additionally, a recent study conducted by the National Endowment for the Arts has found that “lower-income students have higher academic results, college aspirations, and civic participation when they are engaged in the arts for long periods of time”. Due to this, Youth Design has made it their purpose to give back to Boston’s future by teaming their students up with exceptional mentors each year to support their endeavors and offer their expertise.


An organization that is devoted to nurturing our youth in an effort to better both themselves and our society as a whole, is as inspiring as it is motivating and in the words of this year’s mentor of the year, Jay Calderin, “One should never stop learning. Being involved in a perpetual education and nurturing a boundless curiosity are the only ways you will evolve as a designer.”


To learn more Youth Design and their mission, take a look at their website.


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Monday, November 24, 2014

When You Need A Personal Injury Lawyer

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The latest blog post from Frank Azar:


Personal-Injury-LawyersThough you may have heard successful stories of people working directly with insurance companies after a personal injury, it is often more than worth the money to hire a personal injury lawyer. Having legal guidance for the complex array of legal rules and incentives is invaluable. If you’re dealing with any of the following situations, you’ll definitely want to make sure you have professional counsel.


The amount you’re compensated for an accident is directly tied to the severity of your injuries, recover time, and the amount of your medical bills. As your potential compensation rises, so does your potential range of compensation widen. If you’re dealing with severe injuries, you’ll definitely want to spend the money to have a lawyer on your side to make sure your compensation is on the higher end. So too with long-term or permanent injuries. Assessing the worth of an injury like this requires experience in order to get the most you can, particularly if you don’t know how long you’ll be out of commission.


In the last couple decades, there has been a significant rise in claims involving toxic exposure. Contaminants are increasingly found in the environment (air, soil, water, etc) as well as in our food and other household products. The trouble is that exposure is often difficult to prove. An experienced lawyer will often be able to provide the required scientific data, which is necessary to penetrate the defense of major chemical corporations and their expensive legal counsel.


Surprisingly to many, medical malpractice suits are one of the most complex. If your injury is the result of professional carelessness or incompetence by a healthcare professional, you’ll definitely want someone on your side with specific experience. Hospitals, doctors, laboratories – the medical world will be very prepared.


If you’re working without a personal injury lawyer and the insurance company simply refuses your claim, it’s not too late to hire a lawyer yourself. Thought the lawyer fee will cut into your ultimate compensation, it’s much better than nothing. Better still, hire a lawyer from the get-go and avoid the extra time and grief of dealing with insurance companies on your own in the first place.


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Tuesday, September 23, 2014

Frank Azar – Injured Parties Turn to 123 Lump Sum For Fast Money

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A growing number of injured parties are looking for ways to collect money from a structured settlement resulting from personal injury lawsuit. In southern Florida, one of the companies attempting to expand this type of transaction is 123 Lump Sum, according to the Sun Sentinel.Frank Azar


Often the process of attempting to gain compensation due to an injury can be lengthy, and plaintiffs can see their financial needs grow exponentially during that time. Companies like 123 Lump Sum buy up settlements and provide victims with the quick infusion of cash that they may need.


According to president, Andrew Savysky, 123 Lump Sum does not simply buy out entire annuities on a whim. “We try to understand our customers current financial needs and design a transaction that fit those needs.” he says.


Many financial analysts argue that structured settlements are usually best for the injured party, and that a settlement purchase should be only a last resort to address pressing needs. The state of Florida requires a judge to approve of all structured settlement purchases in order to ensure that they are in the best interests of the consumer. 123 Lump Sum has actually been an industry leader in promoting just these sort of consumer protections, and were proponents of a 2001 law that enforced consumer protections.


123 Lump Sum has seen a jump in business in recent years. They are seeing revenues of $30 million annually and they employ 100 people. Much of their success rests on their approach of catering their transactions to the particular needs of their customer.


To read more about the purchasing of structured settlements from personal injury cases, read the original article at the Sun Sentinel.


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