19 April

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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...

18 March

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

Posted by statenislandesq

in Insurance, Medical Malpractice, Wrongful Death

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] ...

11 February

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Establishing a Private Right of Action in Personal Injury Cases

Posted by statenislandesq

in Injuries, Insurance, Wrongful Death

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...

14 December

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State Sovereign Immunity and Personal Injury Lawsuits

Posted by statenislandesq

in Uncategorized

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...

11 November

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Will the Person Who Caused My Injury Get Punished?

Posted by statenislandesq

in Uncategorized

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] ...

11 October

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What is Negligence?

Posted by statenislandesq

in Accidents, Injuries, Medical Malpractice

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...

17 September

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A Personal Injury Case Roadmap

Posted by statenislandesq

in Accidents, Injuries

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...

18 August

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Do I Have a Personal Injury Case?

Posted by statenislandesq

in Uncategorized

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...

13 July

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

Posted by statenislandesq

in Uncategorized

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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