Archive for the ‘Personal Injury’ Category

Clients frequently ask whether their claim will one day end up in a courtroom, before a judge and jury. Many clients are understandably nervous over that prospect.

If you watch legal shows on TV, you may have the perception that every single claim ends up in the courtroom. However, “fiction is stranger than truth.” In reality, very few claims actually end up going all the way to trial. An oft-cited statistic is that less than five percent of all total claims actually end up in the courtroom.

So what happens to the rest? (more…)

As a participant in a lawsuit, you are required to provide testimony at a deposition (also often called an “Examination Before Trial”). Depositions are traditionally conducted in an attorney’s conference room, and involve only the parties, their attorneys, and a court reporter. At this stage, there is no judge or jury present.

The purpose of the deposition is simply to explore what the witness may know about the claims. Although the atmosphere may seem casual and informal, witnesses need to be aware that this is sworn testimony, provided under oath. Anything said can be used at any later stage of the litigation, by any party, and for virtually any reason.

As a result, it is very important to ensure that your testimony is clear and accurate. We offer the following suggestions to ensure the best outcome from your testimony: (more…)

As an avid runner, and five-time marathoner, I always enjoy running in the cooler temperatures of fall, and the opportunity to run without heat and humidity. While it is often possible to run on the safety of a path or trail, runners sometimes must run through neighborhood streets or alongside local roads.

Obviously, there are many risks of running close to vehicular traffic. Most runners can share stories of “near misses” when oblivious drivers fail to notice them, and many runners have actually been struck by cars. Accidents between vehicles and runners can be significant, and unfortunately, can also have tragic consequences. (more…)

According to the New York State Governor’s Traffic Safety Committee, an estimated 50,000 motor vehicles illegally pass New York State school buses every day. Whether by accident or intentionally, these illegal maneuvers are putting drivers, passengers and children at risk on a regular basis.

What Are New York State’s School Bus Laws?

New York traffic law states that traffic from either direction approaching a stopped school bus with flashing red lights must stop before reaching the bus. Drivers should stop their vehicles at least 20 feet from the bus. You MUST stop whether you are approaching a school bus from the front or from the rear. Even on divided or multi-lane highways, you must stop when you see the lights. (more…)

Throughout New York State, there are many locations where bicyclists and motorists share roadways. Whether in bike lanes along roadways or on bike paths that intersect with local highways, these areas put bike riders and motorists in close contact with one another.

Unfortunately, in these areas, and others where cyclists and motorists travel together, car-bicycle accidents do occur.

Car-bicycle accidents can be especially devastating because of cyclists’ lack of protection. Often, collisions with vehicles leave bicyclists severely injured. In these cases, cyclists may choose to pursue compensation for the pain, suffering, lost wages and medical bills they have endured as a result of the accident.

One question that is often asked in this scenario is: Who pays for the medical bills and the pain and suffering of the cyclist? (more…)

A homeowner sought advice from a real estate professional about potential liability for the 250 year old oak in the back yard because it extended over the next door neighbor’s property line.

The branches had been trimmed on the property owner’s side by a previous owner, but they continue to grow on the side over the neighbor’s yard. Because of this, the tree became lopsided now laying slightly in the neighbor’s direction.

The concern was that, due to its advanced age, the tree would eventually topple at some point. Given its present angle of tilt, it could fall on the neighbor’s house. The homeowner was reluctant to have it cut down due to the cost and aesthetics, but wanted to legally be in the clear. (more…)

One of the most common questions asked by personal injury clients is the value of the case. Of course, that is often an impossible question to determine at the onset of a case. Every case is unique and different, and many details of a case must be explored before a value can be assigned.

Many factors affect that determination, and the value will be fully learned over the course of representation, as your attorney obtains necessary information and investigation. However, a few factors are always taken into consideration. (more…)

Clients sometimes wonder, “Will a medical condition I had before my accident prevent me from recovering money?”

There is no one-size-fits-all answer to this question. While in some cases a preexisting condition may impact your ability to recover, in other cases it may not foreclose you from recovery.

The outcome of the situation will vary based on your specific circumstances.

Here, we’ll help you understand the different types of pre-existing conditions and how to go about pursuing compensation if you’ve been injured even if you have a pre-existing condition. (more…)