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 [...]

2018-03-10T22:09:05+00:00October 10th, 2016|Law, New York City|

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 [...]

2018-03-10T19:33:01+00:00October 10th, 2016|Law, New York City|

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 [...]

2018-03-10T22:19:39+00:00September 17th, 2016|Law, New York City|

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 [...]

2018-03-10T22:07:29+00:00September 17th, 2016|Law, New York City|

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 [...]

2018-03-09T22:01:46+00:00September 15th, 2016|Law, New York City|

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 [...]

2018-03-10T22:15:55+00:00September 13th, 2016|Law, New York City|


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 [...]

2018-03-10T22:04:38+00:00September 13th, 2016|Law, New York City|

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 [...]

2018-03-10T19:35:53+00:00September 5th, 2016|Law, New York City|

Reckless Endangerment Standard

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 [...]

2018-03-10T22:15:36+00:00September 2nd, 2016|Law, New York City|

De Minimis Defect

What Is 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 [...]

2018-04-28T17:10:45+00:00September 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, if you've been injured, you need a personal injury lawyer. Period.  Not a real estate or divorce lawyer who [...]

2018-04-30T23:27:09+00:00September 2nd, 2016|Law, New York City|

50-H Hearing

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, hence the term “50-h” which is generally used in the legal community to mean any [...]

2018-04-28T17:24:37+00:00September 1st, 2016|Law, New York City|

Notice of Claim

What Is A 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. [...]

2018-03-10T22:34:38+00:00August 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 [...]

2018-03-10T22:19:57+00:00August 29th, 2016|Law, New York City|

Bench Trial

What is a 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 [...]

2018-03-10T19:32:23+00:00August 26th, 2016|Law, New York City|

3 Mistakes to Avoid After Being in a Car Accident

Mistakes to Avoid After a Car Accident With over 8 million people living in New York City it’s inevitable that many will be involved in car accidents and injured. Whether in car or truck accident, motorcycle or bicycle accident, or as a pedestrian, the statistics are telling. Over 15,000 people are yearly taken to the hospital because of a car accident in New York City, equating to generally 80 out of every 100,000 residents. Regardless [...]

2018-03-10T22:04:54+00:00August 25th, 2016|Car Accident|

Unified Trial

What Is A Unified Trial? Except in the Bronx, where unified trials are the norm, the general rule is that jury trials are bifurcated, with the issue of liability being decided first, followed by a trial on the issue of damages. However, there are limited circumstances where the plaintiff can ask for and be granted a unified trial. This circumstance generally arises where the issue of damages (i.e. the injuries) are relevant to the issue of [...]

2018-03-09T22:14:33+00:00August 23rd, 2016|Law, New York City|

Bifurcated Trial

What is a Bifurcated Trial? With the exception of cases venued in the Bronx, the general rule is that the trial on issue of liability (who is at fault for the accident) and the trial on the issue of damages (the injuries sustained and the compensation appropriate for them) are separated. This is known as a bifurcated trial. The overarching purposes for bifurcation are the simplification and narrowing of the issues for the jury to decide [...]

2018-03-10T19:32:39+00:00August 18th, 2016|Law, New York City|

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 [...]

2018-03-10T19:33:13+00:00August 17th, 2016|Uncategorized|

Why you ought to have a superb personal injury lawyer in New York City

Why you ought to have a superb personal injury lawyer According to "Motor vehicle traffic injuries Queens County Residents 2005-2007", car accidents are third in rank amongst the leading causes of injury-related deaths in Queens. It's crucial to have a reputable and experienced personal injury lawyer to represent you if you reside in New York City as the chances of getting knocked down by a car are very high. Census statistics show that more than [...]

2018-03-09T22:15:25+00:00August 17th, 2016|Car Accident, Law, New York City, Personal Injury Law|

Conscious Pain Suffering

Conscious Pain Suffering In addition to the economic claim of wrongful death, an accident resulting in death gives rise to a claim for conscious pain and suffering. The rationale is that the decedent's next of kin essentially steps into the shoes of their loved one and claims the pain and suffering that your loved one could have claimed but for the fact that he/she is now passed away. In a case where a traumatic accident [...]

2018-03-09T21:55:06+00:00August 10th, 2016|Law, New York City|

No bumper damage

No bumper damage Car Accident Bumpers are there for a reason. It is the part of the car that is best equipped to absorb an impact and is designed for this very purpose. How many times have you been bumped by the car behind you without getting so much as a scratch on your vehicle? In fact, even very jarring impacts which minimal visible damage to your vehicle cause significant neck and back whiplash and [...]

2018-03-10T22:31:47+00:00August 5th, 2016|Law, New York City|

Distribution of Proceeds in a Wrongful Death Actions

Distribution of Proceeds in a Wrongful Death Cases The EPTL defines a distributee as "a person entitled to take or share in the propery of a decedent under the statutes governing descent and distribution." In a case where the negligence of another has caused the death of your loved one, the general rule is that the decedent's next of kin is entitled to compensation for the economic harm caused by the wrongful death. Obviously, money [...]

2018-03-10T19:36:42+00:00July 30th, 2016|Law, New York City|

Pedestrian knockdown defenses

Pedestrian knockdown defenses I'm consistently amazed at how many drivers will claim "she ran into the side of my car" when a pedestrian is struck by their vehicle. As we've discussed previously, even a significant front impact may leave little more than a scratch. So how do we prove that you were struck by a car and not vice versa? There are two primary ways: (1) medical documentation of injuries which tend to indicate a [...]

2018-03-10T22:13:23+00:00July 25th, 2016|Law, New York City|

Gap In Treatment

Gap In Treatment In motor vehicles, where only a "serious injury" can sustain a lawsuit for pain and suffering, a "gap in treatment" is frequently argued by defendants to mean that the plaintiff has fully recovered from any injuries sustained and courts will rely on this doctrine in dismissing cases, where they find that a "gap in treatment" is actually a cessation of treatment. It cannot be stressed enough that medical documentation is the necessary [...]

2018-03-10T22:08:37+00:00July 22nd, 2016|Law, New York City|

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