Recent Posts in Personal Injury Category

  • What To Look For In a Personal Injury Lawyer

    || 29-Dec-2015

    Personal injury claims are complex, and many people are hesitant to pursue them as a result. Armed with the proper knowledge, however, you can find an attorney who is affordable, qualified, and dedicated to your case. In this blog, we discuss five things to look for in a Hudson Valley personal injury attorney. Have you been hurt in Poughkeepsie or the surrounding communities? Call (888) 900-6204 ...
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  • In today's blog post, I discuss the concept of foreseeability. It's not a pair of Google glasses, it's the risk of injury to others that can be anticipated. Foreseeability is a concept that we talk about a lot in personal injury litigation and its a concept whereby the law imposes responsibility on people to act or not act in a certain way. If the defendant acts inconsistent with what ...
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  • In today's blog post, I discuss the concept of the assumption of risk and its affect on personal injury litigation. The assumption of risk is a concept that is connected to comparative fault which I discussed in the last blog and it is something that we attorneys take into consideration when we assess your case. If you have been injured in an accident, we are always going to look at what you ...
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  • What Is Comparative Fault In A Personal Injury Lawsuit ?

    || 30-Apr-2014

    In today's blog post, I discuss the topic of comparative fault in a personal injury lawsuit. What does it mean to you, how does it work in front of a jury and what do we look at as attorneys when evaluating your case. In today's blog, I discuss some of the things that we consider when assessing our client's comparative fault in a personal injury case that we file in Court here in New ...
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  • Cross-Examination. Eveyone Knows About It, But How Is It Done ?

    || 23-Apr-2014

    In today's blog post, I discuss the art of cross examination, what it is, the purpose it serves and how it is done. Cross examination is not always designed to be an attack on a witness and, often times, the witness that has testified for the other side can provide information that will help you. So us attorneys do not always need to malign the credibility of every witness that takes the stand ...
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  • Impeachment. It's The Opposite Of A Sweet Hybrid Of A Peach

    || 16-Apr-2014

    In today's blog post, I discuss impeachment, what it means, how it's done and how it can affect your case. Impeachment certainly isn't sweet for the witness who is being impeached, but it may be sweet for the other party and his or her attorney. It is normally a very effective tool to discredit a witness and every attorney and every client should know something about how it's done. ...
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  • In today's blog post, I discuss the dead man's statute. It's really not something out of a pirate movie even though it sounds like it. The dead man's statute deals with a common law rule that a witness or party to a transaction that survives cannot prove an event through testimony about what the dead person said or did without there being some other form of evidence in the record. ...
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  • The Attorney-Client Privilege: We Can't Talk About Squat

    || 11-Apr-2014

    In today's blog post, I discuss the attorney-client privilege. Why does it exist, what does it protect and how do we deal with it on an almost daily basis. The attorney-client privilege is one of the oldest and most well knows privileges in our business and we have the issue come up time and time again. That being said, the job of the litigation process and the Courts is to engage in truth ...
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  • What's The Real Deal With Hearsay ?

    || 9-Apr-2014

    In today's blog post, I discuss the hearsay rule. What is hearsay, why does it have a bad reputation, why do we attorneys always object to it. If you are interested in this issue or want to know more about how it impacts your case, read today's blog for further information. Hearsay. We all know the word. You hear everyone talk about it. What does it really mean and why do we attorneys have ...
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  • How Do We Handle New or Novel Scientific Evidence At Trial ?

    || 7-Apr-2014

    In today's blog post, I discuss what we attorneys do if we have to deal with a new or novel scientific concept in a trial. We have to deal with the standards announced by the US Supreme Court in Frye v. United States by participating in what is called a Frye hearing and provide evidence that the procedures and results are generally accepted as reliable in the scientific community. Where the ...
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  • In today's blog post, I discuss the tort of intentional infliction of emotional distress. What is it ? How do you know if you might have a claim for this ? If you have suffered emotional distress as a result of someone's extreme and outrageous conduct, you may be able to succeed on a claim for intentional infliction of emotion distress. If you file a claim and you end up in front of a jury ...
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  • In today's blog post, I discuss one of the claims that can arise in a situation where the police use excessive force. Police can and are sued for using excessive force so, If you or someone you love has been the victim of a beating at the hands of a police officer while they were on duty, you need to call us right away. Police, when attempting to make an arrest, have the right to use force ...
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  • In today's blog post, I discuss what an assault and battery, the material elements, where these cases arise, and what you as a member of the public need to think about if you have been injured in these circumstances. If you have been injured in a fight, you have the right to seek compensation for your injuries. So what is an assault and what is a battery ? Well, an assault is defined as the ...
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  • Check Out Our New Pages On Our Website And Our Office New Location

    || 6-Feb-2014

    In this blog post, I just wanted to provide all our followers and readers a little information about our firm. We recently relocated to 40 Garden Street Poughkeepsie, New York and we are very excited to be in our new building. We have an outstanding new office space right of the arterial in Poughkeepsie and are very happy in our new digs. Come by and pay us a visit if you are in teh neighborhood. ...
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  • In today's blog post, I discuss how we attorneys prepare for trial and how we think about your case when we are preparing for trial in a personal injury case. Chances are, if you are reading this blog post, you or someone you know has been injured in an accident and needs the help of an attorney. Well, how do we go about preparing you case for trial. I could sit here and write about the ...
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  • What The H#%& Is the Burden of Proof ?

    || 23-Jan-2014

    In today's blog post, I discuss the burden of proof and what this means to you as an injured person in a personal injury case. People often hear the phrase "Burden of Proof" and have some idea about what it means, but what does it mean to you as a person that has been injured and files a claim against someone or a business as a result ? Well, the Plaintiff has the burden of proof. In ...
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  • Informed consent. If you have to undergo a risky medical procedure, what does your doctor need to discuss with you prior to performing the procedure. What if something goes wrong with the procedure ? What if that something that goes wrong was exactly one of the risks that the doctor should have discussed with you ? These are issues that are involved in a medical malpractice case where there is a ...
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  • Baby it is really cold outside. The Polar Vortex has the Northeast in its grips and almost everyone is using additional sources of heat in their homes. Everyone knows that these devices can be dangerous and space heaters and heating system defects are frequently litigated in the area of product liability claims. So what do you do if your space heater blows up and injures you or someone you love ? ...
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  • 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 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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