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Author: statenislandesq

Staten Island New York Personal Injury Lawyer > Articles posted by statenislandesq

HOW CAR ACCIDENT LAWYERS CAN HELP RIDESHARE DRIVERS

Ridesharing is a transportation service that allows passengers to use an app to book a driver immediately through their smartphones. Many transportation companies use this method, but the most prominent are Uber and Lyft. Both drivers and passengers admit that, while it’s convenient, accidents can still happen. Drivers can sustain injuries as well and will need the assistance of car accident lawyers in several ways.   WHEN ANOTHER DRIVER IS AT FAULT  Passengers aren’t the only ones who’ll need help during an accident. The driver of the ridesharing service can also be hurt. They could be a responsible driver and were only involved in a...

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DUI CONVICTIONS ARE MORE SEVERE THAN MOST PEOPLE THINK

Drunk driving has been an inflammatory issue for decades. Many people have lost their lives in DUI-related driving accidents, but there seem to be few that fully understand the consequences of a DUI conviction. There are about 10,000 DUI-related deaths yearly in the United States. This suggests that there is still a significant number of people who aren’t aware of the long-term effects of a DUI conviction. If more people were aware of how much trouble a DUI conviction would get them into, perhaps they would think twice before driving while intoxicated. CRIMINALITY  The immediate legal effect arising from a DUI conviction is that the...

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Can I File A Suit If My Loved One Has Died From An SUV Rollover Accident?

When you have had a loved one who has died from an SUV rollover accident, you may be entitled to file a wrongful death claim against the manufacturer of the SUV. Thousands of individuals have died as a result of using an SUV vehicle. According to the U.S. National Highway Traffic Safety Administration, the SUV has a rollover rate of between 20 percent to 25 percent. This figure compares with the rollover rate for a passenger vehicle, which has a rollover rate of 10 percent. No person should have to experience the loss of a loved one due to the defective design...

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Differences Between Comparative Negligence and Contributory Negligence

The fundamental difference between the legal concepts of comparative and contributory negligence is that comparative negligence seeks to compensate the injured party at least for some part of his or her injuries, while contributory negligence is a total bar to any damage award to the plaintiff. In both instances, the plaintiff's negligence must be proved by the defendant. The difference boils down to how the plaintiff's ultimate recovery (if any) is impacted by the plaintiff's own negligence. A further difference is that contributory negligence originated in common law, while comparative negligence is a statutory creation in jurisdictions that abolished the...

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Does ‘Alleviation’ Alleviate Insurance Carrier Fears?

Carriers, providers, and legal practitioners, alike, hoped the court would provide clarity on a carrier’s obligations once a policy becomes exhausted, but the recent decision did not squarely address that issue. Thus, albeit not articulated, the Second Department makes clear that proof of policy exhaustion, alone, is insufficient to dismiss a personal injury protection (PIP) lawsuit. That is, it is still necessary to scrutinize the timeliness and propriety of a denial. The logical conclusion is that a claim will be awarded if the denial or defense is not sustained regardless of policy exhaustion. Pursuant to New York state no-fault law, an automobile...

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Lawmakers Seek to Compensate Emotional Loss Through Overhaul of Wrongful Death Statute

Lawmakers in New York are seeking to expand the state’s wrongful death statute to allow compensation for things like grief or loss of love and companionship in this year’s legislative session. The state’s current laws only allow individuals to seek compensation based on the amount of potential income lost from the death of a loved one, which can often place limits on litigation. “Essentially, our legal system values the life of wealthy individuals more than a child or a senior, or a person with a disability," State Sen. Brad Hoylman said. By Dan M. Clark [Law] ...

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Establishing a Private Right of Action in Personal Injury Cases

Navigating through statutes and legislative history to successfully plead a viable private right of action in a personal injury or wrongful death case can be time-consuming and ultimately disappointing. But the ability to recover enhanced damages or even any damages at all through a private right of action may make such efforts worthwhile and explains why there are a multitude of recent judicial decisions on this topic in many areas of law. A private right of action allows a private plaintiff, in contrast to a government or a public agency, to bring an action seeking judicial relief from injuries caused by...

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Practitioners in Personal Injury Cases Continue to Face a Difficult Practical Choice When Dealing With Social Service Agencies

The U.S. Supreme Court seldom issues rulings that broadly affect state law in personal injury cases. But, one area in which it has done so in recent years has been the enforceability and collectability of Medicaid liens against personal injury recoveries. In two significant decision, Department of Social Services v. Ahlborn, 547 U.S. 268 (2006), and Wos v. E.M.A., 568 U.S. 627 (2013), the U.S. Supreme Court established that, if a personal injury plaintiff recovers only a small fraction of the value of his or her injuries in a lawsuit—due, for instance, to limited insurance coverage or difficulties proving liability—a Medicaid lien...

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State Sovereign Immunity and Personal Injury Lawsuits

When can you sue the government (and when can you not)? The doctrine of sovereign immunity varies from state-to-state, but could impact your personal injury lawsuit. The term “sovereign immunity” sounds like something that might be uttered during a conversation between a high-ranking government official and a foreign leader. But in reality, sovereign immunity is a legal doctrine that could impact your personal injury claim. Let’s take a closer look at sovereign immunity and how it may impact your lawsuit. What is sovereign immunity? Sovereign immunity is a legal doctrine that prevents a state government from being sued without its consent.Sovereign immunity might prohibit you from suing...

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Will the Person Who Caused My Injury Get Punished?

No. Punishment comes from criminal cases, not civil cases. Defendants in civil actions for personal injury do not receive jail terms or stiff fines as punishment. Those are criminal sentences and personal injury cases are civil disputes. (But juries and courts can award what the law calls punitive damages when the defendant's intentional acts have injured you. These awards are rather rare.) [American Bar] ...

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