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Personal Injury News

Staten Island NY Personal Injury Lawyer > Personal Injury News (Page 3)

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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What is Negligence?

One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.Attorneys are infamous for using “legalese,” or terms that have a special meaning in the...

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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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