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A Personal Injury Case Roadmap

When you get injured due to the actions of another, you should consult a lawyer. Generally, however, when injury occurs, the law asks a few key questions: Duty—Is one person required to take care not to injure another? The law does not impose an absolute responsibility on everyone to take care of everyone else in all situations. So, some injuries are simply accidents, not addressable in court. The way the law begins to distinguish between injuries that are mere accidents and those that are torts, is by asking “Did the person or entity that caused your injury have a “duty” to take some...

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Do I Have a Personal Injury Case?

If you’ve suffered significant harm because of someone else’s obvious carelessness ("negligence" in legalese), this may not be a tough question to answer. But many situations are not so cut-and-dried. If you’re figuring out whether you have a valid personal injury claim—one that would justify going to the time and trouble of filing an insurance claim over the incident or bringing a lawsuit to civil court—there are a few key factors that can help you decide. How Serious Are Your Injuries? Any time you think someone else did something that resulted in harm to you, or simply did something that put you in...

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What is the Personal Injury Statute of Limitations in New York?

Whether your potential legal claim stems from a slip and fall, a traffic accident, or any other incident where someone else's conduct caused you harm, you might be thinking about filing a personal injury lawsuit in New York's civil courts. If so, it's crucial that you comply with the statute of limitations for this type of case. (A little background for those who may not be fluent in "legalese": a statute of limitations is a law that puts a time limit on your right to file a lawsuit in court.) In this article, we'll cover the details of New York's personal injury statute of limitations,...

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Avoiding Slip and Falls When You’re 55 and Older

Being 55 years old is surely is not as old as 55 used to be. Now at 55 you can be fully employed, if that be your pleasure, and looking forward to many more productive years. You can volunteer, exercise, travel, participate in sports or,even go off in your own direction toward something you never anticipated. While enjoying this journey of life, there can be the occasional bump in the road. You can slip or trip and fall, upsetting the grandest of plans. Each year millions of older adults fall. One of out of five falls causes a serious injury such as...

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Personal Injury Claims Based on COVID-19

Most personal injury claims are based on a legal theory called negligence, which means that a person or a business did not use the appropriate care under the circumstances. The person bringing the claim (the plaintiff) must show that they would not have suffered harm if the defendant had acted reasonably. These cases do not typically arise from contracting an infectious disease, such as a flu. It can be hard to prove the precise source of exposure, as well as identifying a specific action by a defendant that showed a lack of reasonable care. However, there may be certain situations...

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What Are Mass Torts and How Do They Differ From Other Personal Injury Lawsuits?

Mass torts are civil actions that have many plaintiffs involved against one or several defendant corporations. The suits can be venued in state or federal courts. The term "mass" has several layers of meaning in mass torts. The first meaning refers to the participation of many plaintiffs in tort litigation. The second meaning refers to the use of mass media by plaintiffs' lawyers to recruit even more plaintiffs to join the ongoing litigation and plaintiffs' class. The media is used, even if indirectly, by plaintiffs' bar to air the case preliminarily to the public (and potential jury pool). How Mass Torts...

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Being Prepared to Meet Your Attorney After a Motor Vehicle Accident

Driving a car carries with it many responsibilities, such as obeying traffic laws and obtaining insurance. So what sort of things is your attorney going to be interested in knowing, and what documents might he or she be interested in reviewing? The following is a checklist of items you might want to think about, and prepare for, before meeting your attorney for the first time. Accident Information: Are you prepared to explain the details of the accident? Yes or No? What day did the accident occur? What time of day did the accident occur?  What was the exact location of accident? What was the weather like? What was the roadway...

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Timeline for a Personal Injury Lawsuit

Get Medical Treatment The first thing that you should do after getting injured in an accident is to get medical treatment. If you are hurt, go to the hospital or see a doctor. Not only is this the right thing to do for your health, but, if you don’t see a doctor for some time after an accident, the insurance adjuster and the jury will assume that you weren’t all that hurt. Choose a Lawyer The next thing that you will have to do for anything more than a minor claim is to choose a lawyer. You should choose the lawyer soon after the injury....

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Death and Injury From Traffic Crashes Continue to Be Among the Most Serious Public Health Problems

In 1966, traffic crashes resulted in over 50,000 fatalities and the fatality rate was three times as high as it is today. Congress recognized this public health crisis and created the Department of Transportation and the National Highway Safety Bureau. That momentous event was a crossroad in our nation's efforts to address this crisis. If the extraordinary progress in improving highway safety had not been made since that time, over 120,000 people would have died last year and hundreds of thousands more would have suffered traumatic injury. Death and injury from traffic crashes continue to be among the most serious public...

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