A Good Personal Injury Lawyer.

What’s the job of a personal injury lawyer?  To obtain the maximum monetary recovery for the injured client. This may sound simple or easy; but, be assured that it is not.  It requires defined knowledge and legal practice in the field of personal injury law. A tort is a civil wrong (as opposed to criminal).  A major area within tort law is negligence law, which in and of itself is a vast and complex area [...]

Trivial Defect ? – Fact Sensitive

The New York State Appellate Court of the Supreme Court for the Second Department reaffirms the principle that whether a defect (in a trip-and-fall personal injury action) is trivial is fact and circumstance specific, quantitatively and qualitatively.  Moreover, it reaffirms the legal mandate that it is the defendant’s burden to establish a trivial defect with evidence before the burden even shifts to the plaintiff. The appellate court cites the recent trilogy of cases of Hutchinson [...]

Mediation or Arbitration for My Personal Injury Case?

Mediation Vs Arbitration for My Personal Injury Case? Our three branches of government are the executive (president), legislative (congress) and judicial (courts).  The court system (like the other branches of government) faces real budget restraints and cuts, particularly in major cities like New York.  The legal system is a vital part of our society as the courts decide our legal disputes. But litigation and getting your day in court is a time consuming process, plagued [...]

New SUM Insurance Law – a victory for the consumer

New SUM Insurance Law – a victory for the consumer The Supplementary Uninsured/Underinsured Motorist (SUM) bill S5644B/ A8519A — also known as the "Driver and Family Protection Act." became law today.  This law protects New Yorkers statewide who are involved in auto accidents with drivers who are either uninsured or underinsured. Unfortunately, few consumers are educated about SUM insurance.  Accident victims suffer because they and their loved ones do not have or know about this proper [...]

Can You Be Compensated for Your PTSD?

Can You Get PTSD from a Car Accident? PTSD, post-traumatic stress disorder, is a mental health condition that can have a serious impact on someone's well-being. In significant part, this is because of symptoms that range from depression, anxiety, intrusive memories of the traumatic event to negative changes in the accident victim’s thinking. PTSD is serious and it can last for months and years or have permanent residual manifestations. It should come as no surprise [...]