Tag: New York Personal Injury Attorney

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Pedestrian Knockdown

A pedestrian knockdown is one type of personal injury case that is growing in number on Long Island.  A pedestrian knockdown is when an individual is struck by a motor vehicle and suffers injuries.  A pedestrian knockdown does not necessarily imply criminal conduct such as that in a hit and run, texting while driving or DWI […]


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Slip and Fall Accidents in New York

Slip and Fall Accidents In New York a “slip and fall” accident generally means that a person has slipped on a foreign substance (i.e. water, oil, debris, etc.). “To recover in a slip and fall action, a plaintiff must be able to show that the defendant (or his employees) failed to remove the hazard or […]


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Assumption of Risk in Personal Injury

In the world of Personal Injury and General Tort Litigation, there is a concept referred to as “Assumption of Risk.”  This concept is a defense to the plaintiff’s claim that can defeat the entire claim.  Certain activities have inherent risks.  These risks are well known or should be known to the possible claimant.  In some […]


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Legionnaires’ Disease In New York City

Legionnaire’s disease is a severe form of pneumonia caused by bacteria found in water whose symptoms include cough, shortness of breath, high fever, muscle aches and headaches and in most severe circumstances death. The symptoms can often be confused with other illnesses. As we have seen in the recent news, the number of cases of […]


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Legionnaires’ Disease and Wrongful Death, Medical Malpractice or Negligence Claims

Legionnaires Disease Infects Several People The disturbing outbreak of Legionnaire’s Disease in New York City is a cause for concern.  Since Legionnaire’s Disease is generally preventable, a diagnosis of Legionnaire’s Disease may lead to a claim for wrongful death, medical malpractice or negligence.  The CNN story by David Shortell can be viewed by clicking here. […]


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Injured at Work

Construction Injury Recently, we have fielded some phone calls regarding workplace injuries.  There seems to be some confusion as to when an employer can be sued.  There are also several misconceptions with regards to bringing suit against property owners, general contractors and subcontractors.  These questions are answered statutorily by New York Labor Law.  Sections 200, […]


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Municipal Liability for Personal Injury and Wrongful Death Cases

Municipal Liability for Injuries An interesting decision came down in September of 2014 involving municipal liability claims.  In Granada v City of White Plains, 2014 NY Slip Op 06053, the Second Department ruled that a municipality is not immune from claims involving “proprietary functions” which are therefore differentiated from governmental functions.  The Plaintiff-decedent was attacked […]


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Serious Injury Threshold in Personal Injury Cases

Often times in Personal Injury cases, the injury itself becomes an issue.  Not all injuries are sufficiently damaging to be considered “serious” under New York Insurance Law, section 5102(d).   The facts of each particular case will determine whether or not each claimed injury meets the threshold of a “serious injury” under this statute.  In […]


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Picking a Jury in a Personal Injury Case

Jury Selection for Personal Injury Trial The jury selection process in Personal Injury cases is very important.  Questioning the potential jurors is a process known as “Voir Dire.”  This may be the single most important process in the whole trial.  Selecting the jurors who will give you the best chance to win your case is […]


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Evaluating a Personal Injury Case

Evaluating a Personal Injury Case There are several factors that need to be considered in determining what the value of a Personal Injury case is.  Multiple attorneys can have varying opinions with regards to the same case.  That is because some attorneys will lend more weight to certain factors that other attorneys decline to.  At […]


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