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How to Prepare for a Personal Injury Deposition

Depositions are a critical stage in almost any personal injury case because it is one of the first times the other side gets to ask you questions about the accident and your injuries. Most of the time, the at-fault party and their insurance company determine whether to offer a settlement after reviewing a victim’s depositions, along with the other...

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Recoverable Wrongful Death Damages in New York

Losing a family member to a preventable accident can be a traumatic experience with significant lifelong psychological and financial consequences. As it stands, New York’s wrongful death statute limits family members who are seeking compensation for the death of their loved one. However, Senate Bill S74A, known as New York’s Grieving Families Act, will amend the provisions and distribution...

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What Is the Average Settlement Amount for Premises Liability Injuries in New York?

Premises liability cases arise from injuries sustained in slips and falls, dog bites, and other events that occur on public or private property. Understandably, clients want to know the average value for slip and fall settlements amounts. Unfortunately, it’s impossible to provide a settlement range for slip and fall cases or other premises liability claims in New York because...

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Is New York a No-Fault State?

New York is a no-fault state when it comes to car insurance. Under this system, insurance companies generally reimburse their policyholders for damages due to injuries regardless of who was at fault or responsible for the accident. Additionally, New York sets minimum coverage amounts that a registered vehicle owner must purchase to satisfy the financial responsibility requirements to obtain...

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Who Can File a Wrongful Death Claim in New York? 

When someone’s passing is the result of another’s negligence or misconduct, New York law allows the distributees of the departed to recover damages in a wrongful death claim. In wrongful death cases, the departed is called the decedent, and the law limits who may initiate legal action against a party who is responsible for the decedent’s death.  Below, we...

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What Happens After a Personal Injury Deposition?

One of the biggest stressors associated with filing a personal injury lawsuit is not having a firm grasp of the process. By better understanding how cases proceed through the system, much of the stress and anxiety of being embroiled in a lawsuit can be reduced. Read on to learn more about what happens after a deposition.  What Is a...

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Who Is to Blame for Dangerous and Defective Equipment on a Construction Site?

Construction is one of the most dangerous types of industries to work in. Construction sites are dangerous places for several reasons. For example, workers spend a significant amount of time high up in the air, work with potentially dangerous tools, and are in proximity to large construction vehicles. However, one of the most common causes of injuries to workers...

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How Do Depositions Affect Personal Injury Cases? 

Under the Federal Rules of Civil Procedure, Rule 30, depositions are a witness’s sworn, out-of-court testimony used for gathering information. Depositions are some of the most critical and productive devices available during the discovery stage of a New York personal injury lawsuit. Further, depositions provide one of the only opportunities for a lawyer to speak directly with the opposing...

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What’s the Difference Between Contributory Negligence and Comparative Negligence in New York?

After an accident, you can file a personal injury lawsuit against the person you believe was responsible for your injuries. However, to succeed in bringing your claim, you must prove that the other party was negligent. Typically, these cases are defended by the at-fault party’s insurance company. Of course, the other party’s insurance company is unlikely to admit that...

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What is the Difference Between Wrongful Death and Survival Action in New York?

Losing a loved one in an accident is a tragedy beyond comparison. However, when the accident that claimed your loved one’s life was preventable, resulting from another’s negligence, it adds to a family’s sorrow and frustration. New York law provides two different mechanisms for holding negligent parties responsible after a personal injury accident resulting in death: wrongful death claims...

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