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Should an Accident Lawyer Visit the Scene of the Accident

Gary Silverstein March 15, 2015

Trying to Picture the Accident Scene In every type of car accident, it is critical for the accident lawyer to go to the accident scene, and to see for himself where this incident occurred. There is an important reason for this. After the accident, you the injured victim are going to consult an accident attorney and you are going to explain to him, how the accident occurred. The attorney will try to form in his mind the picture of the accident scene, and he will most probably ask you additional questions inquiring about: How many intersections there were How many lanes of moving traffic there were

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Your Personal Injury Case can be Dismissed even before it Starts

Robert Wolff March 15, 2015

You have suffered significant injuries because of an accident, and you believe you have a strong personal injury case. You start the proceedings for filing a lawsuit to claim compensation, but, before your case has a chance to move off the ground, you find out that the defense has made a motion to dismiss your case, instead of answering your allegations. Motion to Dismiss Your Case, even before it Starts You believe you have suffered significant injuries after a car accident because of someone else’s carelessness. You hire an attorney to submit a lawsuit on your behalf. Your attorney goes ahead, files the required papers,

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Judgment Call is the Most Common Defense of a Doctor

Robert Wolff March 15, 2015

One of the most common defenses that doctors and their attorneys use in medical malpractice cases is the judgment call defense. When you bring a lawsuit against a doctor, claiming he did something wrong, the doctor could say at trial that it was his medical judgment to treat this patient in the way he was treated.

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Lack of Informed Consent in a Medical Malpractice Case

Gary Silverstein March 15, 2015

When your doctor does not tell you that you could suffer a complication that you are suffering now after going through the medical procedure, then would that be a valid basis for filing a medical malpractice case. The answer is maybe. Lack of informed consent means failure on the part of the doctor to provide sufficient information, so that the patient can take an educated decision. However, in most instances, lack of informed consent cannot be the only basis for filing a lawsuit.

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Including a Doctor’s Chart into Evidence

Robert Wolff March 15, 2015

When you have filed a medical malpractice lawsuit in the state of New York, there are number of ways of getting the doctor’s medical chart into evidence. One of the ways is known as a business record exception. This means, the doctor’s records kept in the ordinary course of business, when the doctor was treating this particular patient. Since the doctor keeps these records in the ordinary course of his business, we are allowed to enter such records into evidence.

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Bicycle Accident Cases are sometimes Challenging  

Robert Wolff March 14, 2015

A woman carelessly opens the door of her car in the street, which causes a bicyclist to ram right into the door, fly over the handlebars, and land in the street. Cyclist Crashes onto the Street The cyclist had just finished a twelve-mile ride and was heading back home. The woman had just parked into a parking spot, and carelessly flings open her door without realizing that the bicyclist was right there. Due to the door suddenly appearing in front of him, the bicyclist has no way of avoiding it. He hits the door, goes flying over the handlebars of his cycle, and lands in

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