New York’s No-Fault Insurance Law offers benefits (quick payments for expenses) and restrictions (on lawsuits for pain and suffering). New York is one of 12 states that have a No-Fault auto insurance program. As the name suggests, under the No-Fault law, insurance coverage does not depend upon who is to blame in an accident.
I received some papers in a slip and fall case that are both comical and maddening. In response to a summons and complaint for a case where a woman suffered an injury in a stairway fall, the attorney for the insurance company responded with papers for an auto accident.
If you are injured in a motor vehicle accident in New York, New York’s No-Fault Insurance law will provide medical coverage for injuries you suffer in the collision. However, the No Fault insurer will look to terminate benefits if they can show that you have recovered or your ongoing injuries are due to some cause …continue reading
On a warm May morning with a light rain falling, a Nassau County woman placed her young daughter in a car seat and set off to run some errands. While stopped at a Stop sign in Malverne, a pick-up truck rammed her car from behind. Thankfully her daughter was unharmed, if shaken up and scared. …continue reading
If you retain a lawyer to represent you in a personal injury case, that lawyer will send a claim letter, also known, as a letter of representation, to the defendant. The claim letter informs the defendant that you have a claim against the defendant and that the lawyer represents you for that claim.
The claim letter is not required by law so it is optional for a lawyer to send it. However, in New York, if the claim is against a municipality or a municipal agency, one must send a Notice of Claim within 90 days of the incident. In some areas, people use the term letter of representation to refer to the contract between the client and a lawyer. In New York, we generally refer to that agreement as the retainer or the retainer agreement.
Over the weekend, we passed 150,000 separate visits to this blog. We now average more than 500 readers each day. That we have attracted so many readers in little more than a year has been rewarding and inspiring. We want to thank you for taking the time read this blog and we hope you find …continue reading
Summary judgment occurs anytime a court makes a ruling on a case or part of a case without a full trial. A motion for summary judgment is simply a formal request by one of the parties to a lawsuit asking the judge to make a summary judgment ruling. Summary judgment rulings should only occur when there is no dispute in facts and the decision is clear and obvious. A summary judgment ruling can eliminate the need for a trial or can speed up a trial and reduce expenses by ruling on part of the case.
Last November, a woman working at a temporary employee entered the woman’s washroom on the floor near her office. She slipped and fell on a puddle formed by water leaking from the sink that was slanted towards the ground. An ambulance took her to Bellevue Hospital where she was diagnosed with a severe sprained ankle. …continue reading
The New York Court of Appeals, the highest court in the state, has ruled that a driver from Syracuse who struck and killed a pedestrian while being distracted by sun glare cannot invoke New York’s “emergency doctrine.” The decision clarifies the use of the emergency doctrine and eliminates a potential loophole through which drivers could …continue reading
On a warm September evening last year, a woman set out from her Manhattan apartment to pick up some dry cleaning. As she walked past the Frederick Douglass Houses, the woman’s right foot became stuck in a broken edge of sidewalk and she fell forward, landing on her right knee and left arm and hand. …continue reading