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New York Personal Injury Law Blog

Wednesday, February 28, 2018

Serious and Catastrophic Injuries: Is Your Attorney Up to the Job?

It’s not at all unusual for personal injury attorneys to handle cases involving a wide spectrum of injuries resulting from dog bites, car accidents, poorly maintained sidewalks or defective products. Generally, these injuries are relatively minor-cuts, bruises, broken bones and whiplash. Fewer attorneys, however, have extensive experience with catastrophic injury cases such as those involving dismemberment, brain injury and severe burns. It’s difficult, for instance, to convince insurers that the loss of a limb is worth the full limits of an insurance policy. It also requires a special ability to convince a jury that a brain injury has caused subtle but important changes in personality, memory and the ability to perform specific tasks related to an occupation. 


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Wednesday, February 21, 2018

On-the-Job Injuries, Worker’s Compensation and Third-Party Claims

Worker’s Compensation Benefits Only Go So Far

Workers’ compensation laws have two primary objectives:  The first is to ensure that injured workers receive the compensation they need following an on-the-job injury and the second is to ensure that injured workers received the compensation they need quickly and easily, and without anxiety as to whether the funds will actually be available.


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Monday, February 5, 2018

Affidavits: Avoiding Potential Problems

You may have signed several affidavits over the years, without fully knowing what they are.  You might have signed one to register to vote or obtain some government benefit.  An affidavit can also be used as evidence in a lawsuit.

An affidavit is a written document.  The person signing it (the “affiant”) declares under oath that he or she is making voluntary and truthful statements.  Requirements for an affidavit vary based on the circumstances and jurisdiction.  In most jurisdictions, an affidavit must contain the affiant’s name, physical address and the affiant’s signature.  


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Wednesday, January 31, 2018

Deposition Do’s and Don’t’s

Matters that are subject of litigation are ultimately decided on facts and the applicable law. The process by which parties uncover those facts is called discovery.  There are many tools in the discovery toolbox.  A deposition (questioning of a party or witness under oath, often referred to as a “dep” or “depo”) is one of the most powerful tools. 


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Thursday, January 18, 2018

Federal Agency Proposes a Centralized System for Reporting Medical Errors

Currently, there is no centralized system to report hospital or medical malpractice, and research indicates that reporting rates are very low.  The federal Agency for Healthcare Research and Quality (AHRQ) has proposed a new, centralized system for consumers to file complaints about harm suffered while receiving medical care.


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Wednesday, January 10, 2018

Cities With the Best and Worst Drivers

Sioux Falls, South Dakota, is “America’s Safest Driving City” for the fifth time in eight years, according to Allstate Insurance Company’s annual safe driving report.  Allstate has compiled the report for eight years in a row, using data from insurance claims made to the company.  The report ranks the 200 largest U.S. cities from safest to most dangerous based on car accident frequency.


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Monday, December 25, 2017

Be Wary of Carbon Monoxide Levels During Winter

If you live in cooler climes, winter is a time to take precautions against carbon monoxide poisoning.  Residents of the northern parts of the country are starting to seal up their homes to keep them warm over the winter, which can increase the threat of carbon monoxide poisoning.


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Friday, December 15, 2017

Common Types of Personal Injury Cases

Thousands of individuals are injured in accidents in the United States every year. When injuries are caused by the negligent, reckless or intentional conduct of others, it is possible to obtain compensation by pursuing a personal injury claim. Some of the more common types of injury cases include:


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Tuesday, December 5, 2017

Is Your Child's Booster Seat a Good Fit?

The seatbelts in cars are not designed with children in mind.  In a car accident or during a sudden stop, a child who does not use a booster seat is vulnerable to serious injury because the seatbelt is not positioned to properly restrain the child.  In fact, a seatbelt can actually cause additional injury to the child during an accident – for example, by cutting across the child’s stomach.


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Wednesday, November 29, 2017

Choosing a Litigation Attorney

If circumstances have required you to get involved in litigation, you may find the process of selecting an attorney to be overwhelming.  There are, however, some steps you can take to make the selection process a bit easier.

First, you should consider hiring someone who specializes in your type of case. If you had an automobile accident, consider hiring an attorney who exclusively practices personal injury law and preferably one with a track record of success in car accident cases. If you were wrongfully fired, hire a litigator with experience in employment rights.


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Wednesday, November 15, 2017

Wrongful Death

If you watch the evening news or read the local paper, you’ve probably come across the term “Wrongful death.”  Legally speaking, wrongful death is a term used for a type of action that can be filed by the heirs and beneficiaries of a person who was killed because of the wrongful conduct of another person. Wrongful death laws are intended to provide compensation to help support the dependents of the deceased.


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