Blog Posts in October, 2013

  • 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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  • In today's blog post, I wanted to discuss if a parent can be held liable for the negligent acts of his or her child. In short summary, a third person can bring a claim against a parent of a child for the negligent acts of the child, but only in certain circumstances. This post discusses those circumstances. First and most importantly, in New York a third person injured by the acts of a child ...
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  • In today's blog post, I want to discuss the New York No-Fault law and the serious injury threshold. What is the No-Fault Law, and how does it affect a claim for personal injuries before the New York Courts ? Well, No-Fault is a statutory scheme that is designed to limit the number of automobile accidents that are filed in the Courts. To be eligible to file a claim for pain and suffering in a ...
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  • Wrongful Death: How Are Damages Calculated And Who Recovers

    || 25-Oct-2013

    While I normally try to inject a little humor into my blog posts, today I am going to discuss wrongful death actions and there simply is no way to make this situation funny. Sorry. When a spouse or loved one is lost due to the negligence of someone else, it is a terrible tragedy. Everyone loses when something like this happens and I hope that our readers do not ever have to experience this ...
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  • In today's blog post, I discuss the legal concept of res ipsa loquitur, what it means, how it affects a personal injury case and how it can help you if you are faced with a case that is difficult to prove. Res Ipsa Loquitur is a common sense application of the probative value of circumstantial evidence, rather than a separate legal theory. Without a viable negligence claim, there is no basis ...
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  • Damages: How Much Will I be Awarded at the End of My Case ?

    || 21-Oct-2013

    What are damages in a personal injury case, how are cases valued and what will I be awarded at the end of my case ? These are some of the issues I discuss in today's blog post. If you are injured and you file a personal injury claim against another person, business, municipality or some other type of legal entity your remedy at the end of a trial is financial damages. How do lawyers decide ...
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  • What Happens If You Are Injured On The Crazy Train ? In today's blog post we discuss what your rights are if you are injured while riding on a bus, train, subway or taxi. Bus, train, subway, and taxi operators make up a large part of the transportation network in New York. Everyone in the South Eastern New York region has ridden one or more of these forms of transportation and many people ride ...
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  • Jury Selection, what is it and how do lawyers in New York do it ? Today's blog post briefly discusses what attorneys think about during jury selection and the nuts and bolts of selecting a jury. If you have been injured due to the negligence of someone else, call us for a free consultation and case evaluation at 800.900.6204. Jury selection is one of the most important parts of a civil jury ...
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  • You have bee involved in a car accident as a result of a defect in a roadway. You are seriously injured and out of work for a lengthy period of time. What can you do ? How can you make yourself and your family whole again after your car spun out of control from a pot hole ? Today's blog post discusses what municipalities must do to maintain property under its control and what your rights are ...
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  • What is medical malpractice and what are your rights if you are the victim of malpractice ? Today's blog post discusses what medical malpractice is, what to look for and what you can do about it. Medical malpractice is defined in New York as the negligence of a doctor where there is a failure of the doctor to use reasonable care under the circumstances. The doctor must have done something or ...
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  • Do you remember the scene in the original Ghostbusters movie where Dana's refrigerator was possessed by Zuul ? Well, occasionally you may feel like an appliance in your home is possessed by Zuul when it malfunctions and injures you or one of your family members. What can you do if this happens to you ? What do lawyers inquire about when deciding if a products liability case is appropriate to ...
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  • Everyone gets a good laugh out of a person falling down. However, many times the slip, trip and fall is no laughing matter. People are often injured seriously when they slip, trip and fall due to a dangerous or defective condition and today's blog post is going to discuss the causes of these accidents, common injuries associated with them, and what an injured person's rights are if they ...
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  • Dog Bites: Stay Out of the Dog House

    || 4-Oct-2013

    Nearly 4.5 million Americans are bitten by dogs each year and half of these are children. Close to 1 million victims of dog bites require medical attention. In fact, according to the Centers for Disease Control, approximately 27,000 people underwent reconstructive surgery in 2012 as a result of a dog bit. Children ages 5 to 9 are the most likely to be bitten. All dogs and all breeds have the ...
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  • If you have been injured by the negligence of someone else, how long do you have to file a claim? Most people have heard of the phrase the statute of limitations and many people even understand what it means. However, most people do not understand that there are several different time periods that affect the ability of an injured person to file a claim. This blog post is designed to provide a ...
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