Tag: Personal Injury legal help Queens

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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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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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