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PEDESTRIANS – WALK ALERT AND ATTENTIVE!

Recent studies find an increase in pedestrian fatalities. The spike in pedestrian deaths and injuries is attributable a few factors.  Distraction by cell phones and electronic devices seems to be a prevailing cause.  Interestingly, it is not only the vehicle drivers distracted by cell phone use while driving but also the pedestrians who engage in the use of cell phones and electronic devices while walking! Pedestrians cannot assume because they are pedestrians that vehicle traffic will [...]

2017-04-03T07:58:24+00:00 April 5th, 2017|Law|

Michael Manoussos Featured in Metro News Article

Snowstorm Stella brought icy conditions and while many New Yorkers are looking at their feet to avoid a slip and fall, they might want to look up. A meteor shower of ice cascading down from the roof of a building might surprise you. “As you can imagine an ice particle falling from some height can cause significant injury or even death,” said personal injury attorney Michael Manoussos. “Mythbusters” might have debunked the myth of killing someone [...]

2017-04-03T08:16:28+00:00 April 3rd, 2017|New York City|

10 Tips on Courtroom Decorum and Behavior

Etiquette is important in making a good impression.  This is particularly true in a court of law, where your behavior and demeanor are judged. Here are 10 tips: Tip 1: Dress appropriately; that means conservatively (dress shirts, dress slacks, dress jacket, dress skirt).  Sunglasses, hats, excessive jewelry, heavy make-up should be avoided and visible tattoos should be covered. Tip 2: Arrive on time; do not be late.  It is an insult to the Court to have [...]

2017-03-14T17:56:45+00:00 March 14th, 2017|Uncategorized|

10 Common Mistakes After an Accident

Accidents can happen at anytime and to anyone; they do not discriminate.  If you are a victim of an accident the last thing you want is to make an innocent mistake after your accident that hurts you even more.  Accident victims usually find out about their mistakes after they have made them when the consequences may not be able to be undone. Here are ten after-an-accident common mistakes: -Failure to call the police to the [...]

2017-02-07T13:22:53+00:00 February 7th, 2017|Law, New York City|

The Trucks Are Killing Us

The Opinion Pages | OP-ED CONTRIBUTOR The Trucks Are Killing Us By HOWARD ABRAMSONAUG. 21, 2015 CreditHarry Campbell ACCIDENTS like the one that critically injured the comedian Tracy Morgan, killed his friend and fellow comedian James McNair, known as Jimmy Mack, and hurt eight others on the New Jersey Turnpike last year are going to continue to happen unless Congress stops coddling the trucking industry. More people will be killed in traffic accidents involving large trucks this year [...]

2017-01-04T18:07:48+00:00 December 29th, 2016|Law, New York City|

A Bifurcated Trial – What it Means for Your Personal Injury Case?

In a personal injury case, depending in which county your case is brought in New York State, your action may have to be tried in two trials.  That is called a bifurcated trial.  Michael Manoussos & Co PLLC, a New York City personal injury law firm understands the ramifications of bifurcated trials and have the experience to maximize your recovery.   In a bifurcated trial, the trial is broken up into two trials.  That is, [...]

2017-01-04T18:05:57+00:00 December 28th, 2016|Law, New York City|

Litigation Coordinating Panel

In certain circumstances, multiple cases that arise from the same occurrence and suited separately, may be consolidated under the ambit of what's is usually termed a Litigation Coordinating Panel.  The Litigation Coordinating Panel of the Unified Court System of the State of New York receives and resolves applications for the coordination of litigation that is pending in more than one judicial district of the State.  The coordination of multiple lawsuits from a variety of venues [...]

2017-01-04T18:05:37+00:00 November 5th, 2016|Law, New York City|

Innocent Victims of Fraud

Insurance fraud is a serious offense and the consequences can be severe, including jail time and fines.  There is not much debate about whether individuals who commit insurance fraud should be punished.  Insurance fraud is a two-way street; that is, individuals who seek to defraud insurance companies and insurance carriers who seek to defraud the consumers and insureds through bad faith or improper practices. Let's take, however,  the example of a passenger in a motor [...]

2016-11-05T16:03:20+00:00 November 5th, 2016|Law, New York City|

Permanent Scarring from a Motor Vehicle Accident

Section 5102 of the Insurance Law defines one category of "serious injury" as "significant disfigurement".  The Courts have further defined "significant disfigurement" as "a condition which is unattractive, objectionable, or the object of pity and scorn."  In practice, this "serious injury" often is the result of scarring, frequently caused by broken glass or the seat belt suddenly tightening upon vehicle impact. Although it is unclear exactly how large or how visible a scar must be to [...]

2016-10-27T06:08:10+00:00 October 12th, 2016|Law, New York City|

Landlord’s Duty To Prevent Assaults

If you were assaulted by a third party in your apartment building, you of course can sue the perpetrator, but the landlord may also be liable to you to compensate for your injuries and pain and suffering.  Landlords have a duty to take minimal precautions to protect tenants from the reasonably foreseeable criminal conduct of third parties and are liable to an injured tenant if the landlord's conduct caused the assault.  The important factors in most [...]

2016-10-27T06:08:11+00:00 October 12th, 2016|Law, New York City|

Extent and Intensity of Medical Treatment

In a personal injury case, medical documentation is the most important evidence of pain and suffering.  High quality medical records will state the nature of your injuries, recommendations for specialist referrals, and the treatment provided to you by the doctor, amongst other important facts.  Medical treatment for injuries sustained in a motor vehicle accident can vary from home exercises all the way to surgery and everything in between, such as physical therapy, epidural steroid injections, and [...]

2016-10-27T06:08:14+00:00 October 10th, 2016|Law, New York City|

One “Serious Injury” = All Injuries Compensable

We discussed in a previous post that not all injuries from a motor vehicle accident are compensable; only "serious" injuries are entitled to compensation for pain and suffering.  The term "serious injury" is defined in the Insurance Law and the Courts have further defined "serious injury" in numerous appellate cases.  What if there are several injuries and some are "serious", but some are not?  In this scenario, the Courts have held that once the plaintiff proves [...]

2016-10-27T06:08:15+00:00 October 10th, 2016|Law, New York City|

Worker’s Third Party Action

For the most part, the Workers' Compensation Law prohibits an employee from maintaining a lawsuit for personal injuries against his or her employer. However, the victim of an on-the-job accident is permitted to sue a "third party" for pain and suffering compensation if that third party caused or contributed to the accident or the injuries.  This applies to various work scenarios from construction-site workers to delivery persons to building workers to office personnel, etc.  For example, [...]

2016-10-27T06:08:17+00:00 September 17th, 2016|Law, New York City|

Insect Infestation in Dwelling

In a city this large and crowded, it is inevitable that we share our city with millions of rodents, insects, and other pests.  We've all seen a rat on thesubway tracks at some point.  What if you have an infestation in your apartment?  The Multiple Dwelling Law requires the owner of every multiple dwelling to keep their building "clean and free from vermin, dirt, filth, garbage or other thing or matter dangerous to life or health."  [...]

2016-10-27T06:08:19+00:00 September 17th, 2016|Law, New York City|

Liability Physical Examination

After the deposition in a personal injury action, the defense is entitled to have a physician or multiple physicians, depending on the nature of your injuries, examine you. While this may seem intrusive, the law is that when one claims personal injuries, their physical condition is relevant and the defense is entitled to have an expert or experts of their choosing assess your physical condition. Since the purpose of this examination is defending against a personal [...]

2016-10-27T06:08:21+00:00 September 15th, 2016|Law, New York City|

Red Light Cameras

Motor vehicle accidents arising from a collision at an intersection often revolve around the issue of who had the right of way and frequently become an issue of "he said, she said" regarding the color of the traffic lights. Many people (including attorneys) wonder why the video footage used to catch people running red lights is not used in motor vehicle cases.  Without addressing whether red light cameras are a good thing or not, it seems [...]

2016-10-27T06:08:22+00:00 September 13th, 2016|Law, New York City|

MVAIC

Hit-and-run accidents, often involving pedestrians, happen at an alarming frequency.  It would be inherently unfair to the victim of a hit-and-run if compensation was unavailable simply because a negligent driver decided to flee the scene of the accident rather than stop.  The Motor Vehicle Accident Indemnification Corporation ("MVAIC") was created to address this issue.  MVAIC is available to the victims of hit-and-run accidents who do not have any other motor vehicle insurance to compensate them for [...]

2016-10-27T06:08:24+00:00 September 13th, 2016|Law, New York City|

Court of Claims

The Court of Claims is a separate and special court system set up specifically for cases against the State of New York and its various branches and divisions. For example, if you are struck by a New York State police vehicle, you are not permitted to sue in the regular state court system. The case must be brought in the Court of Claims. There are a number of procedural differences, most importantly that there is no [...]

2016-10-27T06:08:31+00:00 September 5th, 2016|Law, New York City|

Reckless Endangerment Standard

The law recognizes that when a police officer is responding to an emergency, the officer cannot be expected to obey all of the traffic laws in the way that a normal driver would under normal conditions.  Hence, the Vehicle and Traffic Law specifically permits police officers to disregard a number of traffic laws, including stop signs, red lights, speed limits, turning lanes, and one-way streets.  There are limits, however.  The officer must be responding to an [...]

2016-10-27T06:08:33+00:00 September 2nd, 2016|Law, New York City|

De Minimis Defect

Often in trip and fall cases, the party responsible for maintaining the property where an injury occurred will claim that the defect is "de minimis".  The courts consider a defective condition to be "de minimis", and hence not actionable, if the defect is "trivial", "insignificant", or "insubstantial".  Essentially, the argument is that although there may be a defect (such as an elevated sidewall flag), if the defect is very minor or slight, the court can decide [...]

2016-10-27T06:08:35+00:00 September 2nd, 2016|Law, New York City|

Selecting A Good Lawyer

How do you select a good lawyer and what do you look for in a good lawyer? Selecting a good lawyer (just like selecting a good doctor) must be what’s best for you.  You know yourself just like you know your case, its particulars and the pain and suffering you have experienced. As a starting point, a good lawyer should be knowledgeable and experienced, yes.  A good lawyer should have a proven track record, yes.  A [...]

2016-10-27T06:08:36+00:00 September 2nd, 2016|Law, New York City|

50-H Hearing

After filing and serving a Notice of Claim, the next pre-requisite to filing a lawsuit for money damages against a public entity or authority is a statutory hearing, which is generally referred to as a 50-H hearing (the legal authority for this hearing is General Municipal Law Section 50-h for certain claims and other statutes for other claims, but the term "50-h" is generally used in the legal community to mean any hearing on a claim [...]

2016-10-27T06:08:38+00:00 September 1st, 2016|Law, New York City|

Notice of Claim

Suppose you slip on an icy subway platform or the stairwell of a housing authority building or are assaulted on public school property when there should have been a security officer present but one was nowhere to be found. All of these can form the basis of a claim for damages, but in these examples, the responsible party is a public authority or the City of New York itself. While this does not preclude your claim, [...]

2016-10-27T06:08:40+00:00 August 30th, 2016|Law, New York City|

WRONGFUL DEATH ACCIDENTS

Wrongful death occurs when a person dies due to the negligent or wrongdoing of some other person or entity. Be mindful that wrongful death arises from a negligent act or omission, to be differentiated from an intentional or willful act, which would constitute the crime of a wrongful death (be it murder or manslaughter).  Wrongful death accordingly is a civil wrong (not criminal) and a lawsuit for wrongful death is filed in the civil part of [...]

2016-10-27T06:08:42+00:00 August 29th, 2016|Law, New York City|

Bench Trial

When discovery in a case is complete and the case is placed on the trial calendar, both the defendant and the plaintiff have the right to demand a jury trial to determine any issues of fact. Issues of law are determined by the judge and when there no disputed facts to be decided, there is no right to a jury trial. The distinction between issues of fact and issues of law is beyond the scope of [...]

2016-10-27T06:08:43+00:00 August 26th, 2016|Law, New York City|