Nicholas Papain, NYC trial lawyer, assumes presidency of NYSTLA
2008-07-04 01:50:33 (GMT) (Caymanmama.com - Law Website Announcement News)Manhattan, New York (CaymanMama.com) — Nicholas Papain, one of the state’s pre-eminent personal injury trial lawyers, assumed the presidency of the New York State Trial Lawyers Association on July 1. Over the next 12 months, he will lead NYSTLA’s charge against the insurers and lobbyists who continue to wage war on the civil justice system – and the ability of New Yorkers to find redress for harms they have suffered.
“My main goal is to keep NYSTLA doing what it does best: acting as a voice for victims of wrongdoing, be they construction workers who have suffered injuries because of unsafe work conditions or babies who have been harmed as a result of medical malpractice,” says Mr.Papain, the managing partner at Sullivan Papain Block McGrath & Cannavo PC.
Among Mr. Papain’s initiatives is a public awareness campaign to counter the inaccurate information frequently used to attack the civil justice system. For example, contrary to the cries of special interest groups, there is no litigation explosion.
Nick Papain also intends to get the word out about how trial lawyers have done more than just represent clients as a result of litigation. “When New York won the tobacco suit, it got more than money — we got a settlement that required tobacco companies to air anti-smoking commercials and start telephone hotlines to help people stop smoking. We need to educate the public that we are a voice for those that otherwise would have no voice.”
On the Agenda
Among the goals Mr.Papain has set for his administration:
Fixing New York’s wrongful death statuteWoefully behind the times, New York’s wrongful death statute provides compensation only if surviving family members can prove “pecuniary loss.” Unlike 48 other states, New York disregards emotional grief. So parents who have lost a child are left with a minimal recovery.
A better Date-of-Discovery rule
Under current law, a patient who has been misdiagnosed has 30 months from the date of diagnosis – not the date she learned that the diagnosis was wrong – to file a malpractice claim. The result is countless inequities. Says Papain: “Consider a woman who goes in for a mammogram, is told everything is fine, and three years later learns she has a cancerous lump that should have been picked up. She can’t sue because New York says it’s too late. It’s fundamentally unfair.”
Protecting construction workers – and their rights
Keeping workers safe will be a major focus of NYSTLA in the coming year. That’s because even as accidents increase, the state’s Labor Law — which requires that workers be provided with the proper safety equipment — is under attack. “Industry and big businesses are constantly trying to water down their responsibilities,” says Papain. “We need to insure that these laws stay on the books.”
About NYSTLA
More than 4,000 attorneys strong, the New York State Trial Lawyers Association works to assure that New Yorkers have full access to the civil justice system. We fight for the injured, promoting legislative changes that ensure their protection.
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