What is A Bifurcated Trial? 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, the first trial is the liability phase, where only the issue of fault is tried and determined and the jury decides whether or not the defendant is liable and should be responsible for the happening of the accident or [...]

What is a MV104 Form? The MV-104 is a document which looks like a police report, but which you fill out yourself and send to the DMV in Albany. It includes all of the basic information on the police report (names, addresses, dates, times, locations, etc.), but more importantly it includes a section where you can describe how the accident occurred i.e. who ran the red light, whether there was an illegal U-turn, whether you were changing lanes or not, and so on. This document is mandatory in any accident where someone is injured or the damage to either vehicle exceeds $1,000 and the failure to file it is punishable by suspension of your license. If that wasn't [...]

Amending Police Accident Report Suppose you've been involved in a traumatic car accident and were either in the ambulance or already on your way to the hospital when the police arrive. Unless an officer comes to interview you in the emergency, your side of the story may not be reflected on the police report. There are two ways to remedy this, both of which are important when the police report does not paint a picture that is fair to you. There is a report similar to a police report which you fill out yourself (discussed here) and within a specified time period which varies from department to department, but is usually limited to three days after your accident, [...]

What Is A Conflict Waiver? If your case presents your attorney with a conflict of interest, most common when you are a passenger in a multi-car accident, there are two options to Confused businessman looking at his colleague over eyeglasses during discussion of some points of paper address the conflict: Either (1) you or your attorney can find another firm to take over your case or (2) you can sign what is known as a conflict waiver, essentially giving up the right to seek recovery from the driver of the vehicle you were traveling in and seek recovery instead from only the driver of the other vehicle. While it may seem counterintuitive to voluntary waive a [...]

Infant Compromise Orders The court system takes a special interest in the well-being and rights of litigants under the age of 18, who are known in the law as Infant tiny hands in the crib holding onto the side of the bed, have fun grabbing it. Closeup, baby development concept photo "infants". In cases where an infant sustains an injury, the attorney is not permitted to settle the claim without court approval. The process by which that approval is obtained is known as an Infant's Compromise. There are two main objectives that the court wants to fulfill through that process: (1) verifying that the compensation received is reasonable in light of the facts of the case [...]

Negligence versus intent After an accident, most people experience a range of emotions which often includes anger. I have seen on many occasions a client so angry about being involved in an accident or a defendant-driver so careless, that my client will say "he must have done it on purpose." I often tell my clients that I'm not out to prove that the defendant is a bad guy; I'm out to prove that he made a mistake. In the thousands of cases we have successfully litigated, no more than a handful involved intentional acts and most of those that have are assault cases. The fact of the matter is that intentional vehicle collisions are exceedingly rare, usually involve [...]