While traffic fatalities across the city have reached record lows, serious pedestrian injuries in Queens recently surged by 21 percent. You're likely...
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Two people are struck by the same turning car on the same New York street on the same afternoon. One was on a stand-up electric scooter. The other was on a moped. Their injuries are identical. One of them has their medical bills paid from week one and the other does not.That is not a quirk of their insurance policies. It is a consequence of how New York law classifies what they were riding, and it is the single most important thing to establish after a scooter accident in this city. Everything else, liability, value, timing, follows from it.First, What...
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New York is one of the harder states in the country in which to win a dog bite case, and almost nobody knows it until they try. The rule most people expect, that an owner is automatically responsible when their dog bites someone, is not the law here. Neither is the folk version, the idea that every dog gets one free bite.What New York actually requires is proof that the owner knew, or should have known, that the animal had a tendency to behave in a way that could cause harm. That single element decides most cases, and it is...
Continue readingMost injured construction workers in New York have heard of the Scaffold Law. Far fewer have heard of the statute that quietly wins more cases: Labor Law § 241(6). It applies where § 240 does not, it reaches hazards that have nothing to do with falling, and it turns a specific state regulation into the standard the contractor must meet.If you were hurt on a job site and were told your accident does not qualify because you did not fall from a height, this is the provision worth understanding.What Labor Law § 241(6) Actually SaysNew York Labor Law § 241(6)...
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Most cyclists hit by a car in New York City assume they are on their own. No car, no policy, no coverage. That assumption is wrong, and it costs riders thousands of dollars in benefits they were entitled to claim from the day of the crash.A cyclist struck by a motor vehicle in New York is a covered person under the No-Fault system. The striking vehicle’s insurer pays your medical treatment and a portion of your lost earnings regardless of who was at fault. There is a form to file and a deadline to file it, and nobody at the...
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The insurance adjuster offering you a quick settlement isn't your friend. They're a strategic barrier standing between you and the financial recovery...
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Almost every bus accident claim in New York is won or lost on a question that has nothing to do with how the crash happened: who operated the bus. Get that answer right in the first weeks and you have three years to build the case. Get it wrong, or wait to find out, and you may have already missed a deadline that no judge can excuse.This guide explains how bus claims work in New York City and Long Island, why the operator’s identity changes the entire procedural calendar, and what the higher legal standard for passenger carriers actually means...
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New York's highest court held in 2018 that setting your account to private does not shield it from discovery. Here is what the defense can obtain, what they look for, and why deleting posts is far more dangerous than leaving them up....
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New York's highest court requires you to explain why you stopped treating. Here is how long physical therapy usually needs to continue, which explanations courts accept, and why an unexplained gap is the fastest way to lose a threshold case....
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The multiplier method is not New York law. Here is how pain and suffering is really valued in a New York injury case, what the courts use as a yardstick, and illustrative examples showing why two similar injuries settle for very different amounts....
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