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Count to five. Take just a moment, right? For five seconds is, on average, the time you take your eyes off the wheel when you text and that can end up costing you or someone else’s life. Reviewing your messages increases the risk of an accident by 23 times, since, according to experts in road safety, it involves visual distractions (you stop seeing the road), manuals (you take your hands off the wheel) and cognitive ones (you stop focusing your attention in driving).

The danger also extends to telephone conversations, even if using the hands-free. According to a study from the University of Utah, your level of attention is reduced and is equivalent to that of a driver with 0.08% of alcohol in the blood, that is, it is as if you were drunk, according to the legal limits allowed.

The cell phone is the main cause of distraction at the wheel, but not the only one. Talking to other passengers, eating a snack/sandwich or changing the radio station also increases the chances of accidents. In 2016, nine people died per day from distracted drivers and 1,071 suffered some type of injury, according to the Department of Transportation.

While there is no prohibition at the national level, 16 states (including New Jersey and New York) do not allow the driver to speak with the phone in their hand, and in all, except Arizona, Montana and Missouri (partially), they do not allow you can send messages. To avoid unnecessary tragedies, it is best to turn off the electronic devices and put them out of your reach before you start driving, use your seatbelt and make sure that others also have it fastened, as well as offer to make the call or send the message so that the driver does not get distracted.

The Ginarte law firm has more than 35 helping accident victims by driving distraction. For a free consultation call 1-888-446-2783 or visit https://www.ginarte.com.

Ramón Ramírez, 30 years old, fractured spine.

César Canales, 41 years old, four fractures in the head, another under the left eye and a broken disc in the neck.

Manuel Morán, 36 years old, quadriplegic.

The cases of these three men have one element in common: they fell or slipped on unprotected scaffolding. Unfortunately, stories like these are repeated daily. According to the Occupational Safety and Health Administration (OSHA), these accidents are the main cause of death in construction, accounting for 38.7% of all fatalities. To put it in perspective: in 2016 alone, 384 people died, which is equivalent to more than one a day.

In the United States, all workers, regardless of their immigration status, have the right to a safe workplace, which includes receiving training and the necessary safety equipment. But beyond just waiting for the measures of the employer, workers can also take their own, such as:
• Always wear a safety helmet, gloves, harnesses and shoes with studs
• If you do not have the proper knowledge to properly install a scaffold, ask a trained person to do so.
• Ensure that the scaffold tubes are not deformed or weakened, the planks are properly installed and not moving, and there are safety rails, protective meshes and baseboards installed
• Access the scaffolding only through the designated routes
• Confirm that the ropes and harnesses are not broken or torn
• Never use a scaffold covered with snow, ice or any slippery substance, or place unclamped barrels, boxes or ladders
• Be alert of what happens around, especially of objects or tools that may fall from above
• Perform safety and occupational health training with instructors authorized by OSHA. You can find all the information in Spanish here: https://www.osha.gov/dte/.

If you have suffered an accident at work, the law firm Ginarte can help you. For a free consultation call 1-888-446-2783 or visit https://www.ginarte.com.

April 2016. José Garrido was working on the roof of a house, when he slipped and fell. According to his wife, Isabel, immediately after the accident, her husband’s employer promised to continue paying her salary and assume the hospital costs if she did not sue. “At the first moment I accepted what they offered me. I was focused on his health, he was in a coma, “he recalls.

Three weeks after the accident, the hospital bills continued, but the employer’s checks stopped arriving. It was then that Isabel decided to go to the law firm Ginarte to help her with her case and obtain the medical care her husband needed.

“We work with clients who not only have to face serious physical injuries, but also emotional ones, because many undocumented workers fear repercussions from their employers. Because of this, they usually accept oral agreements in which they are assured payment of medical expenses and their job position if they do not sue, “explains Bryan Tápia, representative of the law firm Ginarte.

The reality is that, depending on the severity of the injury, hospital costs are usually very high, not counting the treatments and therapies later, in addition to the salaries dropped, so the companies end up not taking charge. “Unfortunately, in most cases, they do not comply with what was promised and the worker and his family find themselves in a very complicated situation,” says Tápia.

To avoid this hard lesson in life, it is always best to go to a lawyer first, to analyze the case and explain to the worker the possibilities and protections to which he is entitled, whether undocumented or not, so that he can take a informed decision. The Ginarte law firm offers free consultations in New York and New Jersey. For an appointment call 1-888-446-2783 or visit https://www.ginarte.com.

 

Reprinted with permission from the June 11, 2018 edition of the NEW JERSEY LAW JOURNAL. © 2018 ALM Media Properties, LLC.

When it was formed 36 years ago, Ginarte Gallardo González Winograd set out to represent litigants in underserved communities in New Jersey and elsewhere—and, of course, to achieve results. The firm hit both those marks in 2017. Aside from the Criollo matter described here, the firm won numerous verdicts, and obtained numerous settlements, on behalf of injured workers. At $1 million and $2 million, the recoveries might not always be eye-popping, but they are life-changing sums for individual clients, and the cases are typically complex, the injuries significant, and the stakes high for cli-ents and their families.

** The responses were provided by man-aging partner Michael Gallardo. **

What were some of the depart-ment’s most satisfying successes of 2017, and why?
An example of what the Ginarte law firm stands for in its zealous representation of clients is exemplified in the matter of Jose Criollo vs. Empire, et al., ESX-L-492-14, which settled in 2017 for the amount of $8.225 million. Unfortunately, events following Mr. Criollo’s accident were typical of the type of matters handled by Ginarte, Gallardo, Gonzalez & Winograd. After his November 15, 2013, accident, his employer, who Criollo had worked for since 1986, denied Criollo was his employee because they did not carry workers’ compensation insurance. As a result, no insurance carrier would pay medical bills related to Criollo’s care, who was now a paraplegic due to his acci-dent and undocumented.

The hands-on, client-focused approach of Ginarte, Gallardo, Gonzalez & Winograd benefited Mr. Criollo because, mere weeks after Mr. Criollo’s accident, the firm had already sent out investigators who identified the pertinent contractors working on the job site. We also identified the workers’ compensation carriers of the contractors higher up the chain of command. Further, since lawyers of the firm were routinely visiting Mr. Criollo, in four weeks we had an established relationship with Criollo, his family and some of the other workers on the construction site. After four years of litigation, Mr. Criollo’s case settled on the eve of trial for the amount of $8.225 million.

Being a Litigation Department of the Year means more than providing good counsel. How does your group go a step further for clients?
The firm strives to treat all clients like family. Right from the start, the clients are put at ease knowing that the litigation department as a whole will do everything they can to fight for them. All the attorneys go above and beyond what is expected to ensure the clients are obtaining the proper medical treatment, they fully understand the litigation process and are placed in the best possible position. The litigation department as a whole works vigorously to help return the client’s life to as normal as possible.

In an era of increasing law practice portability, what does it mean to be an effective litigator in New Jersey?
Accessibility from anywhere is a major asset of our firm. The attorneys are able to review files and work on cases from remote locations thanks to our elaborate computer system. The department can complete important work and utilize other tools at a moment’s notice, which has proven invaluable. The litigation department as a whole has an innate ability to adapt to the situation and circumstances required of any case. Simply put, we are available at all times no matter where we may be.

Is it true that clients now more than ever wish to avoid litigation, and if so, how do law firms manage the business of operating a litigation department in the new marketplace?
Each step of the litigation process is explained thoroughly to the clients. In doing so, the clients are able to make informed decisions based on the attorney’s recommendation. We do not necessarily agree with clients’ willingness to avoid litigation. We believe the client is looking for fairness, how-ever, it is much more difficult today without litigation and the unwillingness of many defendants to settle or take responsibility early on, especially with insurance carriers involved.

Litigators are extraordinarily busy people. What does the firm do to ensure that they remain engaged with pro bono work, their communities and their families?
The firm is very active in the local community as well as national issues. We actively participate in yearly cancer walks in New York and New Jersey, autism awareness week, and most recently “March for Our Lives” gun violence awareness walk in New York. We also schedule yearly sporting events where attorneys are able to attend and get away from the daily grind. Additionally, we have yearly family picnics and outings in attempt to merge families with the law. We are also involved heavily with local charities such as Wynona’s House for abused and battered children, and extensive pro bono work.

Technology and other factors have changed work capabilities and habits. How do you offer flexibility while also effectively managing attorneys and oth-ers professionals?
The firm is a big proponent of having remote connectivity so employees can have access to files and correspondence without physically being in the office. We strive to keep up with the ever-changing times and support employees with daily family responsibilities.

 

A construction worker who suffered electrical discharge at a construction site was awarded $8.6 million in his NY Southern district suit, Daniel Rivera, Plaintiff, v. HOME DEPOT U.S.A. et al on April 11th, 2018.

Daniel Rivera, 37 years old at the time of the accident, was working on a construction site in Yonkers, New York on August 22nd, 2015. Mr. Rivera was climbing an unsecured metal ladder, the ladder shifted coming into contact with a live electrical wire, causing Daniel to endure grave injuries including immobile left arm, vision loss and significant pain to left side of his body.

An ambulance transported Mr. Rivera to nearby Saint Joseph’s Medical Center where he was treated for his injuries. Mr. Rivera was discharged from the hospital three days after the accident.

The Ginarte Law Firm attorneys; Steven Payne with the assistance of Joseph Carfora, Michael Edelman and Timothy Norton argued successfully that Bryan’s Home Improvement Corp, a subcontractor for the defendant Home Depot USA Inc., failed to introduce any evidence to contradict two expert witness reports, thus entitling Mr. Rivera to summary judgement as to economic damages.

Mr. Rivera’s employer, Bryan’s Home Improvement Corp., did not provide any precautions against electrical hazards such as but not limited to; posting and maintaining proper warning signs, or permitting an employee to work in proximity to any part of an electric power circuit unless the employee is protected by de-energizing the circuit and grounding it or by guarding such circuit by effective insulation or other means.

Daniel Rivera underwent numerous surgical procedures including; knee surgery, discectomy, Left L5-S1 foraminotomy, several epidural steroid injections in an effort to treat injuries obtained from electrical discharge.

On February 19, 2014 at approximately 7:30 a.m., the Plaintiff was walking on the sidewalk abutting a property owned by Defendant in the City of East Orange, State of New Jersey when she slipped and fell due to extensive ice throughout the sidewalk abutting defendant’s commercial property. Plaintiff slipped and fell due to extensive ice directly in front of defendant Papa DJ’s Pizza.

There was no salt, sand or ice melt product on the sidewalk at the time of her fall. The Plaintiff was walking on the sidewalk on her way to work when she slipped and fell due to extensive ice throughout the pavement in front of defendant’s commercial property.

The Plaintiff, sustained an injury to her right ankle and leg necessitating open reduction internal fixation surgery resulting in significant and permanent scarring, loss of mobility and function. The Plaintiff continues to have discomfort and limitations due to the incident on a daily basis.

As a result of the accident, plaintiff’s daily life activities have been substantially affected negatively. The Plaintiff experiences daily pain, weakness and swelling to her right ankle and leg. She has trouble going up and down stairs and lacks strength and mobility in right ankle. She can no longer run or exercise as she used to. She is not able to crouch down. She is unable to perform basic household chores due to her injuries and has trouble sleeping. She also struggles with certain footwear due to injury and swelling. She is now limited to wearing orthopedic footwear. The weather also has adverse effects on her physical ailments. She is unable to stand or walk for extended periods of time due to her pain, numbness and daily swelling. Her ability to work which requires her to stand on her feet for extended periods of time has also been impacted negatively.

Rob Baumgarten, Esq. obtained a jury verdict for an award of $2.1 million in favor of the client.