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New York Personal Injury Law Blog

Friday, July 6, 2018

What is a Subpona?

A subpoena is a legal tool that is used to obtain documents and information. It is also used to compel someone to appear at a deposition or testify in a court proceeding.

The term “subpoena” (pronounced “suh-pee-nuh), literally means “under penalty.” Anyone who does not comply with a subpoena may be subject to penalties, including fines and jail time. Based on these potential consequences, it is an extremely valuable way to obtain information or force an unwilling witness to appear to testify.


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Monday, June 25, 2018

When is a Manufacturer or Seller Liable for a Defective Product?

Defective products can cause serious injury and even death. When a product is made poorly or does not have adequate warnings, and it causes injuries, then the manufacturer may be held legally responsible. However, there are situations where the seller of the product may be liable for your damages too. In many cases, it will make sense to involve both of these parties, and possibly others, in your defective product lawsuit.


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Monday, June 18, 2018

Dealing With an Underinsured Driver After a Car Accident

Car insurance is not only beneficial,  it is also legally required in every state in the U.S. However, t some drivers fail to obtain insurance coverage or are underinsured, which poses unique challenges. In these situations,  recovering damages is quite different than in the typical car accident case.


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Wednesday, June 13, 2018

Common Injuries in Rear-End Collisions

Rear end collisions are extremely common, often resulting in serious injuries. In fact, the National Transportation Safety Board reports that there are roughly 1.7 million rear-end collisions in the United States every year. Even small fender vendors end up costing drivers millions of dollars every year. Because these collisions are so common, they often result in very similar injuries and damages. The most common injuries are described below.


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Tuesday, June 5, 2018

Children and School Injuries: What are Your Legal Rights?

Roughly 10 to 25 percent of accidental injuries for children occur while they are at school. An estimated 2.2 million students will suffer an injury at school each year throughout the country. If  your child was injured at school or on school grounds, you may be able to obtain compensation for the harm he or she endured. The legal remedies vary depending on the cause of the injury, however.


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Tuesday, May 29, 2018

The Importance of a Jury for Your Personal Injury Case

Jury trials are an important part of our democratic society. Thomas Jefferson once stated, “I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution.”

While many jurors are reluctant to serve on a jury because of the significant time commitment, juries are a vital part of both civil and criminal trials. The combination of a panel of your peers and a judge who understands and upholds the law helps ensure that the rights and liberties of those involved in court process are upheld.


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Wednesday, May 16, 2018

The Damages Calculation: Predicting What Your Case is "Worth"

When someone has been injured in an accident, one of the prime considerations is whether the claim is worth pursuing. Injury victims need to whether the facts and the overall situation would create a legal liability for someone else. Beyond that, they also want to know what kind of recovery they could obtain for their injuries and damages. That question is sometimes harder to answer, however.


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Friday, May 4, 2018

Proving Your Slip and Fall Claim

Slip and fall accidents happen every day. In most situations, they cause minor bumps and bruises. In serious cases, they can cause bone fractures, head injuries, and other severe injuries.

It is a good idea to get medical care after a slip and fall, even if you think your injuries are relatively minor. It can be hard to detect when you may have a head injury or other serious health concern.


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Wednesday, April 25, 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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Monday, April 16, 2018

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

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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Friday, April 6, 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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