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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 [...]

Why You Should Get a Lawyer After a Car Accident

Why You Should Get a Lawyer After a Car Accident Conventional wisdom has it that if you're ever in a situation where you are rhetorically contemplating the question "should I call a lawyer?" the answer is invariably "yes." As amusing as that anecdote might be, the truth is there are numerous situations in life where the advice of a qualified attorney can not only be vital to your financial well-being, It can also prevent you from [...]

Protecting Yourself with the Right Car Insurance Coverage

Everyone knows that the minimum liability coverage for car insurance in New York is $25,000.  Insurance is protection.  For example, if you are a distracted driver and struck and injured another driver or pedestrian, your car insurance will compensate the accident victim, up to your policy limits ($25,000 is the bare minimum required in New York).  An insurance company is a financially responsible entity, and the public policy behind mandating insurance coverage for motor vehicles is [...]

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 [...]

QUEENS, NYC – QUEENS 10 BASIC FACTS

QUEENS, NYC - QUEENS 10 BASIC FACTS Queens is largest in area of the five boroughs of New York City. Queens County is the second-most populous county in New York (Brooklyn is first). Queens is the most ethnically diverse urban area in the world. Queens is home of 138 spoken languages (probably the most anywhere). Queens has the most diversified economy of the five boroughs of New York City. Queens has the second-largest economy of [...]

Sidewalk Laws in New York City

Sidewalk Laws in New York City New York City has about 13,000 miles of sidewalks, which are heavily travelled upon by pedestrians.  It is therefore important that the sidewalks are safe and free of defect or dangerous conditions that would cause fall and injury.  Sidewalks are subject to wear and tear and to the effects of the environment and climate.  Sidewalks crack, buckle, collapse; sidewalks slope with downward depressions or upward elevations; sidewalk cracks or holes [...]

Do I Need a Lawyer After an Accident?

Do I Need a Lawyer After an Accident?   Absolutely yes, period. If you’ve been injured in an accident, no buts or ifs, you need a lawyer, an experienced personal injury lawyer. You need to understand the fundamental concept here.  Insurance companies are in the business of making money.  The purpose of the insurance business is to maximize its profits – to make tons of money.  Insurance companies are not in the charitable or benevolence business [...]

The Sorrow of Personal Injury Cases – A Fight for Dignity

A Fight for Dignity A pedestrian tripped on a cracked and elevated sidewalk in front of a department store in Jamaica, Queens.  The pedestrian broke her elbow, that required open reduction and internal fixation.  A driver was involved in a collision in an intersection controlled by stop signs in Bushwick, Brooklyn.  The driver injured his neck and left shoulder requiring surgery.  A consumer fell when the escalator she was riding in a Queens shopping mall abruptly [...]

PEDESTRIANS – WALK ALERT AND ATTENTIVE!

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 [...]

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 [...]

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

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 [...]

Litigation Coordinating Panel

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 [...]

Innocent Victims of Fraud

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 [...]

Permanent Scarring from a Motor Vehicle Accident

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 [...]

Landlord’s Duty To Prevent Assaults

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 [...]

Extent and Intensity of Medical Treatment

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 [...]

One “Serious Injury” = All Injuries Compensable

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 [...]

Worker’s Third Party Action

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 [...]

Insect Infestation in Dwelling

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 [...]

Liability Physical Examination

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 [...]

Red Light Cameras

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 [...]

MVAIC

MVAIC - Hit & Run Accident 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 [...]

Court of Claims

What Is the 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 [...]

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