Blog Posts in 2013

  • Happy Holidays to All Our Readers and Our Family of Clients

    || 24-Dec-2013

    From all of us at KVA, we would like to wish everyone a happy and joyous holiday season and a Merry Christmas. Enjoy the holidays, your family and friends. At times like these I like to reflect on what has transpired over the past year and to evaluate where we were a year ago and how far we have come. We have seen a few changes here at KVA with the introduction of our new website, the addition of ...
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  • In today's blog post, I discuss how you prove your claim as a plaintiff when you lose your memory due to injuries that you sustained. It happens more often than you think, particularly when a person suffers traumatic brain injury in a car or motorcycle accident. People will often suffer a loss of memory as to how an accident occurs when they suffer a head injury which may result in a traumatic ...
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  • If You Serve On A Jury Are You Allowed to Take Notes ?

    || 16-Dec-2013

    In this blog post, I discuss if a member of the public serving jury duty may take notes during a case. The short answer to the questions is yes, you may take notes if a judge permits it. This issue normally arises when a juror asks if they may take notes and the Court will normally address this issue at the beginning of a case. The Court will instruct jurors that whether they take notes or not, ...
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  • In this blog post, I am trying to spread the word about one of my clients who passed away on August 29, 2013. Zach Pruner, who was 15 years old when he passed away, was involved in a single car accident on August 29, 2013 in Pine Plains, New York while he was on his way to football practice. Tragically, he was killed at the scene. If you have time and you are inclined to donate to his memorial ...
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  • In light of the recent ice and snow storms here on the east coast, I thought it might be worthwhile to discuss what your rights are if you are injured in an car accident that happens because of hazardous road conditions. In general, it is the duty of any driver of a car to operate his or her car with reasonable care taking into account the actual and potential the actual and potential dangers ...
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  • In today's blog post, I discuss the recent passing of Paul Walker and how a wrongful death case would look if he were a resident of New York. As many people are aware, one of the stars of the Fast and the Furious Movies, Paul Walker, recently passed away in a car accident over the Thanksgiving weekend. Given Mr. Walker's popularity and the manner in which he passed away, I though it ...
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  • The Metro North Train Derailment And The Victims' Rights

    || 1-Dec-2013

    In this blog post, I thought it might be worthwhile to discuss today's Metro-North train derailment and the rights of the injured and deceased passengers. If you or someone you know has been injured in this tragic accident, what are your rights ? Metro-North is what we attorneys call a common carrier, like a cab, bus, airline or any other train service. Common carriers have many duties to many ...
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  • In today's blog post, I discuss the concept of pain and suffering and how it affects your personal injury case. Pain and suffering is a legal concept that lawyers use in personal injury litigation when discussing damages to a plaintiff in the context of a personal injury case. We lawyers, when we use this phrase, are talking about what is probably the largest component of a recovery in a ...
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  • Expert Witnesses: Why Do We Use Them And Are They Just Hired Guns ?

    || 20-Nov-2013

    In today's blog post, I discuss why attorneys use expert witnesses, what the legal standards are for using expert witnesses and if they really are just hired guns. Let's start out by explaining what an expert witness is for law suit. Expert witnesses are people that testify in a case where they give an opinion concerning issues in the case because they have specialized education, training ...
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  • Circumstantial Evidence: Why Do People Think Its Lousy ?

    || 18-Nov-2013

    In today's blog post, I wanted to discuss circumstantial evidence and why people think it lousy. Is it really lousy evidence ? Why does it have a bad reputation ? Is it helpful or is it really as bad as many people think ? So what is circumstantial evidence ? First, everyone should know what "evidence" is before discussing circumstantial evidence. Evidence is testimony of witnesses ...
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  • In today's blog post, I thought we should discuss the assumption of risk doctrine and how it could affect your personal injury case. One situation where I could foresee this being an issue is with the NFL cases regarding concussions. Most recently, the Hall of Fame running back Tony Dorsett has been diagnosed with signs of chronic traumatic encephalopathy or CTE. If he were to file a claim ...
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  • In today's blog post, I discuss the Federal Employers Liability Act ("FELA") and how it provides a remedy for railroad employees other than workers' compensation. If you or a loved one has been injured while employed on the railroad here in New York, you need to know that you do not have to settle for workers' compensation benefits only. You, as an employee of the railroad, ...
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  • Can A School Board Be Held Liable For Tragic Events Like What Happened In Columbine High School, Newtown, CT or Sparks, Nevada ? While I hope no one has to deal with this issue in their lifetime, it is an unfortunate reality of our daily lives now. As a result of the attacks being so common place, I think that a school board could be held liable in these times for injuries suffered by a student in ...
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  • In today's blog post, I discuss what punitive damages are and when you can recover punitive damages in a personal injury action. If you or someone you love has been injured by the negligence of someone else, give us a call at 1800.900.6204 for a free case evaluation and a free consultation. We have over 150 combined years of experience that we will put to work for you. Punitive damages are ...
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  • In today's blog post, I discuss the issue of whether police officers and firefighters are only permitted to collect worker's compensation benefits if they are injured in the line of duty. If you are a police officer or firefighter and you have been injured in the line of duty, you have rights and they are not limited by worker's compensation. In New York, General Municipal Law § ...
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