I hurt my leg on a construction accident. My doctor told me that I will not be able to climb ladders anymore. But climbing ladders was a big part of my job. I will be out of work and eventually out of my union when I can not take any more jobs. Do I have … Continue reading Loss of Earnings Claim
Category: Damages in Personal Injury Cases
In a prior post, there was a case of driver who allegedly caused a motor vehicle accident by deliberately running through a red light. The question in that post was if the mental state of the offending driver could be used as a defense in a civil case. The answer was no. Compensatory Damages However, … Continue reading Punitive Damages
I was injured when I tripped and fell on a pothole located in a broken asphalt parking lot. I injured my leg. But when I was in the hospital after the accident I also suffered from a stroke. I am still feeling the affects of the stroke. I feel like my accident precipitated my stroke. … Continue reading Aggravating Versus Precipitating Condition
My child was injured in a motor vehicle accident. As a result of her injuries, I needed to take off from my work. I also needed to provide for tutors so she could do her school work while she was recovering at home. Do I have any type of claim for my expenses? Yes you … Continue reading Derivative Claims
I was involved in a fender bender several years ago and am a defendant. My insurance company lawyer explained to me that the trial is done in two parts. What does that mean? I believe your insurance company lawyer was trying to explain to you the concept of a bifurcated trial. Liability issues are tried … Continue reading Bifurcated Trials
I was injured in a car accident. It looked like the other driver was drunk or impaired in some way. Will my case be affected by the other driver’s condition? There are two ways the other driver’s condition may affect your case. Impaired drivers have the same standard of care as sober drivers. Furthermore, if … Continue reading Impaired Drivers
I was mugged while doing laundry in my apartment building. The police never caught the mugger, can I bring a claim for my injuries? I'm sorry this happened to you. You might have a claim against your landlord for lack of security in your building. Building security claims are dependent upon where the attack occurred … Continue reading Building Security
Victims in car accidents can recover damages for scarring
Last year this website posted a blog that touched on the issue of negligent infliction of emotional distress. The Court of Appeals recently wrote an opinion clarifying an issue surrounding these claims: Green v Esplanade Venture Partnership, 2021 NY Slip Op 01092. This sad story occurred May 17, 2015. Two year old Devere Green was … Continue reading Zone of Danger
My son was seriously injured in a bicycle accident, but I was disappointed with the recovery he received because my lawyer told me there was a problem with insurance coverage. He said there was no excess insurance. What can I do to help my son? All cars must have minimum liability coverage for all accidents. … Continue reading Excess Insurance