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Personal Injury Law

New York Legal Blog

Covers New York Legal News, including personal injury and legal events.
By Mark Siesel, Esq.

Post Frequency: 0.9/day

Last Entry: April 01, 2011 at 15:50:34

NY Insurance Companies Latest Attack on No-Fault Benefits

Posted on February 12, 2008
Almost since the inception of New York's No-Fault Law in 1974, New York automobile insurance companies, and particularly, Allstate, State Farm, and New York Mutual Insurance, to name a few, have for years, added insult to the injury of our clients' car accident injuries by seeking to cut off benefits as soon as possible...

Putnam County Bar Owner Convicted in Fatal DWI Case

Posted on February 04, 2008
In an update to our December 21, 2007 blog "Drunk Driver Had 12-14 Drinks Before Fatal Accident", Raymond Knox, Jr., the owner of the Paddock Restaurant & Tavern, in Patterson, New York was convicted of violating New York's alcoholic beverage law , in which a bartender or a server can be held criminally responsible for serving an alcohol impaired patron...

Woman who survived 9/11 is killed by New York City driver

Posted on January 28, 2008
Florence Cioffi, a woman who survived 9/11 and was just days from her 60th birthday, was killed in a New York City car accident on January 24 when she was run over by a vehicle driven by computer software executive George Anderson just before 11:00 PM on Water Street in Manhattan...

New York car accidents caused by GPS devices

Posted on January 24, 2008
Global positoning devices (GPS), although a lifesaver to some, have been blamed for numerous New York car accidents over the last few years. Most recently, earlier this month, a driver from California caused a fiery car accident when he turned on to railroad tracks in Bedford Hills and his vehicle was struck by an oncoming train when the car became stuck on the tracks...

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Drunk Driver Had 12-14 Drinks Before Fatal Accident

Posted on December 21, 2007
An expert witness in the Patterson, New York DWI trial of Raymond Knox testified this week that Knox's employee, Sandra Longchamps, was served with 12-14 drinks while she was at The Paddock Tavern on Super Bowl Sunday last February 4th. Southeast, New York prosecutors charge that as a result of Ms...

New York Roads in 2007--Aggressive And Inattentive Drivers Prevalent

Posted on December 17, 2007
2007 continued a trend of numerous New York car accidents on suburban New York roadways dominated by aggressive, inattentive drivers causing numerous car accidents and fatalities. According to Captain John Hodges of the Westchester County Police, the main causes of these New York car crashes and auto deaths are: speeding, driving while intoxicated, following too closely, taking curves too fast and weaving in and out of traffic...

New York Accidents At "Big Box" Stores

Posted on December 13, 2007
Everyone in New York, and around the country, has shopped at the "big box stores"--Wal-Mart, Costco, Target, BJ's, Lowe's, and Home Depot, to name a few. Heavy merchandise is stacked high up on the shelves, as much as twenty to thirty feet in the air, and the question is: "Are these stores safe?" The answer for many of our personal injury clients in the Bronx, Brooklyn, Queens, Manhattan, White Plains, and the entire lower Hudson Valley is a resounding "No!" Every day around the country, customers at these establishments are being seriously injured by falling merchandise, which has been improperly stacked, carelessly arranged, or placed without the necessary safety cables or other devices to prevent accidents...

New York DWI Update

Posted on December 10, 2007
There were two significant events involving drunk drivers in New York this week. First, this past Wednesday, continuing a troubling trend which we discussed on April 8, 2007 in a post entitled "Mothers Drunk Driving In New York--An Epidemic?", 44 year old Yorktown resident Almudena Paulstich lost control of her car, struck a stone pillar, and landed in a ditch with her three children ages 3, 10 and 12 in the vehicle...

New York Trials

Posted on December 07, 2007
New York Trials are structured differently in Manhattan and Bronx personal injury cases than they are in the remainder of the lower Hudson Valley and other boroughs of New York City. In a New York County construction accident, or a Bronx slip and fall case, for example, there are "full trials", meaning that all issues are litigated before a jury in the same trial: issues as to the fault of the parties, as well as the injuries suffered by the plaintiff, the treatment performed by the doctors involved and the all damages issues involving the permanency of the injuries...

New York Immigrants Bolster Economy According to Study

Posted on December 05, 2007
In a joint study by the Fiscal Policy Institute and the New York Immigration Coalition (NYIC) , there were some interesting and surprising results which may give politicians who are demanding more border control and higher fences some hesitation in making those demands...

Immigration Backlog Delays Applications For Citizenship and Green Cards

Posted on December 03, 2007
The United States Citizenship and Immigration Services (USCIS) has announced that there will be substantial delays, of at least one year in some cases, in processing citizenship and green card applications. These delays were brought on by two significant events: First, early in 2007, the USCIS announced that fees for all applications would be increased on July 30, 2007...

Another Fatal Accident on the New York Bronx River Parkway

Posted on November 29, 2007
November 2007 has been a treacherous month on the Bronx River Parkway in New York. On November 13, 2007, we did a report "Fatal Accident on the Bronx River Parkway..." describing the New York fatal car crash in which a Yonkers couple, Bernard and Phyllis Cecere, was killed when their vehicle was struck by an apparently speeding car driven by 19 year old Justin Martinez near Oak Street in Yonkers...

New York Subpoenas

Posted on November 28, 2007
A subpoena is a command for the person receiving this document to appear in Court or at a deposition, either to give testimony or to bring documents. A failure to comply with the subpoena can result in a financial penalty to the person subpoenaed, or in extremely rare instances, to a short jail stint for contempt...

New York Depositions

Posted on November 26, 2007
In New York personal injury cases, such as a Brooklyn slip and fall accident, Bronx motor vehicle accident, or a Westchester construction accident, probably the most important legal procedure in the case before trial is the deposition. In a deposition, also known as an Examination Before Trial (EBT), the parties to a lawsuit, or witnesses to an accident, are placed under oath and asked questions about the accident, the injuries suffered by the Plaintiff, and generally everything they observed on the date of the car accident, trip and fall accident, or fall from a scaffold or ladder, to use a few examples...

"21" DWI Law Continues To Save Lives in New York

Posted on November 22, 2007
Since states began setting the minimum drinking age to 21 in July of 1984, the National Highway Traffic Safety Administration NHTSA estimates that approximately 25,000 lives have been saved. According to Glynn Birch, the national president of Mothers Against Drunk Driving, (MADD) "The earlier a youth begins drinking alcohol, the more likely they are to become alcohol dependent, binge drink, and to drive drunk later in life...

New York Law--What is Negligence?

Posted on November 19, 2007
Negligence is a very common term in New York law, but clients are frequently unsure what this term means. Negligence means a lack of reasonable care which one person owes to another person. It is failing to foresee or anticipate that the wrongdoer's risky conduct will cause injury to another...

New York Governor Spitzer Abandons Driver's License Plan

Posted on November 18, 2007
Faced with vigorous opposition by Republicans and Democrats alike, New York Governor Eliot Spitzer has abandoned his plan to provide driver's licenses to undocumented immigrants a scant two months after his initial proposal. Governor Spitzer's original idea was to abandon New York's policy of requiring a social security number as a component of obtaining a driver's license, in order to encourage illegal immigrants to become better trained drivers and obtain car insurance to protect the public...

New York Statute Of Limitations Overview

Posted on November 15, 2007
The Statute Of Limitations In New York is a legal term which means the time in which a lawsuit must be started to be legally sufficient. In New York State, there are numerous statutes of limitations for various different types of cases. For example, in New York motor vehicle accident cases, the statute of limitations is three years from the date of the accident...

Britney Spears Latest Example of Dangerous Driving Throughout United States

Posted on November 15, 2007
Britney Spears latest run in with the law in which she went through a red light and made an illegal left turn with her children in the car highlights two significant safety issues, one of which we wrote about in our April 8, 2007 blog. Namely, New York mothers driving while intoxicated with their children in the car...

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