Lost Wages Following a Car Accident

If you were injured in a car accident and had to miss work as a result, you may be able to recover for any losses sustained. Under New York State law, a person may be able to recover for lost income and any other missed income opportunities as a result. Continue reading “Lost Wages Following a Car Accident”

Parking Lot Accidents

Long Island residents spend a lot of their time in parking lots.  Whether it is for work, shopping, the doctor’s office, or even for school, Long Island residents find themselves navigating a parking lot in a car or on foot.  Unfortunately, due to the crowded nature of parking lots, sometimes accidents occur, resulting in personal injuries. Continue reading “Parking Lot Accidents”

Motorcycle Accidents in New York

With clear skies and sunshine, the summer months are sure to be the peak time for New York motorcyclists to head out on the open road. Due partly to rising gas prices, more people are using motorcycles than in recent years. In 2015, there were 8.6 million private and commercial motorcycles on the road. With more cyclists on the streets, there is a greater likelihood for a serious motorcycle accident to occur. According to the National Highway and Safety Administration (NHTSA), fatal motorcycle accidents occur 27 times more frequently than fatalities for other motor vehicles. A number of various factors contribute to these serious accidents, including errors by motor vehicle drivers and distracted driving. Since New York’s no-fault laws generally do not apply to motorcycles, these types of accident cases are handled differently from other motor vehicle accidents.

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New York County Supreme Court Upholds Decision Under Respondeat Superior Doctrine

The New York County Supreme Court was tasked with deciding if an employer should be liable for damages caused by one of their employees while running a company errand. Justice James d’Auguste in the case of Couillard v. Shaw reviewed the jury’s decision and the doctrine of respondeat superior in deciding to uphold the $12 million verdict.

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Award for Pain and Suffering Affirmed in Slip-and-Fall Case

As many as 1 million people in the U.S. suffer from slip, trip and fall accidents annually, according to the Centers for Disease Control and Prevention. Slip-and-fall accidents can result in serious injuries that require compensation for special damages, including medical bills, rehabilitation, lost current and future wages and other types of care as a result of the injury. An individual may also be able to recover general damages, which include compensation for pain and suffering and change of lifestyle. Recently, a New York City resident suffered from a serious slip-and-fall accident that resulted in a monetary award for liability and pain and suffering damages.

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New York Residents Now Allowed to Sue for Exposure to Contaminants from Superfund Sites

The Albany Times-Union recently reported that Governor Andrew Cuomo signed into law a bill that gives New York State residents the power to file personal injury claims against polluters, who, they claim, caused them to become ill as a result of being exposed to contaminants from nearby Superfund sites.

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Drunk Driver Arrested in Violation of Leandra’s Law

Riverhead Town Police arrested a woman on charges of violating Leandra’s Law when she was driving drunk with her two children in the car.

Town officers stopped Prudence B. Williams on East Main Street on April 28 at approximately 11:50 p.m. for a vehicle and traffic law infraction. Police found that she was “driving under the influence of alcohol” while her two daughters — a six-year-old and a six-month-old — were in the vehicle with her.

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Car Crash Occurs at Same Intersection Where Fatal Limousine Accident Took Place

The Suffolk Times reported that three people were hospitalized after their car was rear-ended by another vehicle at the intersection of County Road 48 and Depot Lane in Cutchogue. The site of the crash was also the same place where a fatal limousine accident occurred last year.

According to the article, a 23-year-old man driving a 2005 Nissan was heading westbound on CR 48 on July 31, 2016, at approximately 6PM, when he was hit from behind a 19-year-old driving a 2013 Nissan. Three passengers in the second vehicle suffered minor injuries and were treated at Eastern Long Island Hospital. No charges were filed.

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Arts and Crafts Safety

Now that the school year is in full swing, many children will be participating in various arts and crafts projects both during and after school hours.  These projects are fun and educational for children, but it is important that parents stay vigilant about safety.

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Does Past Medical History Matter in a Personal Injury Claim?

When you suffer a personal injury an insurance company will generally do an initial evaluation of your claim.  In this initial evaluation, the insurance company looks for a way to lessen your potential award for damages.

The first thing most insurance companies examine is generally the nature and severity of your injury.  Often, they will try to prove that it was caused by or affected by a pre-existing medical condition. As such, insurance companies will scour your medical history looking for any previous injuries similar to the one you just suffered. If they can prove that your pre-existing condition contributed to your current injury, your recoverable damages may be lowered.

The fact that you sustained similar injuries in the past, does not mean that you can no longer recover damages for your present injury. Generally you will be given a chance to explain your medical history to the court.  Your personal injury attorney may also choose to employ the assistance of expert medical witness, such as a physician or psychologist, to explain how your medical history is not related to your new injuries. Continue reading “Does Past Medical History Matter in a Personal Injury Claim?”