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What does the Emergency Doctrine in a Car Accident Refer To?

Road safety is one of the primary concerns for lawmakers in New York, and the state has decided to use red light cameras at traffic intersections to curb traffic violations and accidents. Experts have been disputing the efficacy of these cameras; some even say that this is more of a revenue generating gimmick than an actual solution to the Big Apple’s traffic problems. Even as the debate rages it is the common man on the road who is once again put in a quandary. A Scenario Imagine this: you are driving along the road approaching an intersection, and suddenly the light turns yellow. Now, you

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When do Slip and Fall Accidents become a Personal Injury Case?

Slipping or tripping on a wet or slippery floor, ground, or stairs is a common occurrence and has happened to everyone at some point of their lives. It is quite normal to have something trip on a particular surface and if you trip, you can’t always hold the owner of a property responsible for it. If you aren’t looking where you are going, there is a possibility that you might be at fault. When Slip and Fall Accidents Lead to Liability Establishing whether the owner of a property is responsible for you having tripped or fallen within the premises, is a gray area. There are

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Vital Information Pertaining to Construction Accidents & Injury Claims

Working in construction can be a very dangerous profession because of the number of things that could go wrong on the job. Construction workers perform operations involving physical labor, often with heavy machinery or at terrible heights. There are times that falling debris might injure pedestrians or bystanders. In 2012 alone in the United States, around 183,000 construction workers were injured and 775 died in construction-related accidents. But if certain parameters are adhered to construction work can be performed in a safe manner. According to personal injury law, construction safety can be upheld if unsafe actors are held accountable. If a person has suffered construction

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How the Right Medical Treatment can Increase the Settlement Value of a Personal Injury Claim

Medical special damages are a key component of most personal injury claims. This refers to the amount that has been spent on medical bills while having injuries diagnosed and treated. Adjusters use medical specials as part of the personal injury damages formula to figure out total damages. This formula depends on many key factors, such as the type of medical treatment received, as well as who the medical care was received by. Types of Medical Treatment Not all medical services are considered equal, according to insurance adjusters. The duration and nature of medical service, as well as the type of facility or medical person providing

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Reasons to Consider Settling Your Personal Injury Lawsuit Out of Court

Many personal injury lawsuits are settled out of court since there are many advantages and benefits to this. Here are some reasons why you should consider settling your personal injury lawsuit out of court. Trials can be Expensive, but a Settlement may not Be Usually, the person who is injured in a personal injury lawsuit has a contingency fee arrangement with their lawyer who will receive 33% of a pre-trial settlement and 40% of the amount that is received once a trial begins. A defendant hires a lawyer who they have to pay on an hourly rate. This means that a time-intensive trial can be

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What Happens When the Defendant is a No Show in a Trial in New York

This is a true story. A woman was walking down the intersection of 23rd Avenue and 1st Avenue when she was hit by a truck. A lawsuit was brought against the truck driver, the company that owned the truck – a construction company at that – and the lawsuit went to trial. At the trial, the plaintiff’s lawyers wanted to question that truck driver about how he could miss the huge signs screaming road safety erected on the busy crosswalk where the accident happen. As luck would have it, the truck driver had bailed on the court and ran for his life (or freedom or

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Pedestrian Accident – What to do if You are Hit by a Car While Walking?

Car accidents take place when a vehicle collides into another one. But there are times that a person is walking on the street and they are hit by a car, which is termed as pedestrian accident. If you have been a victim of a pedestrian car accident, you may have certain legal rights and might be liable to file a personal injury lawsuit to receive financial compensation. Here are a few things you need to do if you have been the victim of a pedestrian car accident. Determining who was at fault Usually people assume that the driver of a vehicle would be at fault

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Types of Damages in Your Personal Injury Case

If a personal injury case is successful, the plaintiff might be able to collect financial compensation or “damages” from the party that was proven to be at fault. Here are the different types of damages available in a personal injury claim. Compensation for the Cost of Medical Bills Pertaining to the Accident If the plaintiff has to undergo treatment or testing or receive extensive medical care such as nursing home stays, hospital stays, or physical therapy, it is up to the defendant who was proven to have caused the injury to pay for the cost of all these medical bills. The medical portion of the damages

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How to Estimate the Value of a Back Injury Claim in a Personal Injury Lawsuit

If you file a back injury claim, you may be able to obtain some compensation from the business or the person that is legally responsible for causing your injuries. The settlement value of any claim is determined on a case-by-case basis, since back injuries range from sprains and strains to paralysis and spinal cord injuries. Here are a few general guidelines which can help you assess the settlement value of a back injury claim in a personal injury lawsuit. Economic and non-economic on a case-by-case basis are part of the typical compensation for a back injury claim. These are usually grouped together as a single

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Car Accident Soft Tissue Injuries

Car accidents are common but not all of them have to result in death. Sometimes, an accident can leave you injured but whether your injury is ‘serious’ enough for the law in New York is a matter of debate. Soft tissue injuries; i.e. the injuries suffered by the connective tissue in your body like your muscles, tendons, ligaments, and the discs in your back and neck, can be very debilitating but they may not rise to the level of a ‘serious’ injury as per the law in New York for you to be able to go to court and ask for compensation. The legislature sees

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