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
What Is a Bifurcated Trial in New York Personal Injury Lawsuits? I was involved in a fender bender several years ago and am a defendant in a personal injury lawsuit. My insurance company lawyer explained to me that the trial is done in two parts. What does that mean? If your attorney told you that … 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
Do I have to pay income taxes on my personal injury settlement? No. If you receive a settlement for a personal injury case, it is not income. A personal injury settlement makes up for a loss incurred. For example, if your car is stolen, your insurance company gives you a check for the value of … Continue reading Income Tax on Injury Settlement
I have an existing case which seems to be taking forever to settle. My lawyer told me there is a stay or hold on the case because one of the defendants is in bankruptcy. How long can this take? When we initially consult with clients, we try to give clients a range of how long … Continue reading Bankruptcy Stay