New York Law

New York No-Fault Coverage for Pedestrians Struck by a Car or Taxi

By Carol L. Schlitt on July 2, 2012 • ( )

The law is clear in New York: a pedestrian struck by a car is entitled No-Fault coverage through the insurance company of the car that struck the pedestrian. I repeat this fact for a simple reason. A woman called our offices this afternoon. She had been struck by a taxi in New York City and wanted No-Fault coverage. The insurance company for the taxi tried to deny her coverage claiming that she should get the coverage through her own insurance company, an impossibility because she does not own a car.

Do not be denied your rights. If you are a pedestrian and you are struck by a taxi or any other vehicle in New York State, you are entitled to No-Fault insurance through the insurance company for that vehicle.

The Attorney Other Lawyers Study to Learn about Filing a Claim and a Lawsuit against the City of New York

By Carol L. Schlitt on June 14, 2012 • ( )

The New York County Lawyers Association is offering a training class for attorneys on filing a claim and a lawsuit against the City of New York. The class is also covering 50-h hearings, sometimes known as statutory hearings. We received a call asking for permission to use our articles at one of the texts for this class. We’re only too glad to help as we publish our law blog to help educate people about personal injury and medical malpractice law. You do not have to attend the class with the other lawyers; you can read about filing a claim against the City of New York or other municipalities at our blog, New York Law Thoughts.

How Lazy and Impersonal Can a Lawyer Be? Insurance Company Responds to a Slip and Fall Case by Using Auto Accident Papers

By The Schlitt Law Firm on December 16, 2011 • ( )

I received some papers in a slip and fall case that are both comical and maddening. In response to a summons and complaint for a case where a woman suffered an injury in a stairway fall, the attorney for the insurance company responded with papers for an auto accident.

The No-Fault Medical Exam in New York

By Carol L. Schlitt on November 11, 2011 • ( )

If you are injured in a motor vehicle accident in New York, New York’s No-Fault Insurance law will provide medical coverage for injuries you suffer in the collision. However, the No Fault insurer will look to terminate benefits if they… Read More ›

What is a Claim Letter or a Letter of Representation?

By Carol L. Schlitt on November 4, 2011 • ( )

If you retain a lawyer to represent you in a personal injury case, that lawyer will send a claim letter, also known, as a letter of representation, to the defendant. The claim letter informs the defendant that you have a claim against the defendant and that the lawyer represents you for that claim.

The claim letter is not required by law so it is optional for a lawyer to send it. However, in New York, if the claim is against a municipality or a municipal agency, one must send a Notice of Claim within 90 days of the incident. In some areas, people use the term letter of representation to refer to the contract between the client and a lawyer. In New York, we generally refer to that agreement as the retainer or the retainer agreement.

150,000 Visits to Our Law Blog – Thank You

By Carol L. Schlitt on November 1, 2011 • ( 2 )

Over the weekend, we passed 150,000 separate visits to this blog. We now average more than 500 readers each day. That we have attracted so many readers in little more than a year has been rewarding and inspiring. We want… Read More ›

Personal Injury Law in New York: What is a Motion for Summary Judgment?

By Carol L. Schlitt on October 31, 2011 • ( 1 )

Summary judgment occurs anytime a court makes a ruling on a case or part of a case without a full trial. A motion for summary judgment is simply a formal request by one of the parties to a lawsuit asking the judge to make a summary judgment ruling. Summary judgment rulings should only occur when there is no dispute in facts and the decision is clear and obvious. A summary judgment ruling can eliminate the need for a trial or can speed up a trial and reduce expenses by ruling on part of the case.

Lawsuit Settlement for a Trip and Fall on a Manhattan Sidewalk

By Carol L. Schlitt on October 21, 2011 • ( )

On a warm September evening last year, a woman set out from her Manhattan apartment to pick up some dry cleaning. As she walked past the Frederick Douglass Houses, the woman’s right foot became stuck in a broken edge of… Read More ›

Settlement for a Slip and Fall at a Wal-Mart

By Carol L. Schlitt on October 13, 2011 • ( 2 )

Last November, a woman and her husband entered their local Wal-Mart to do some grocery shopping. While walking in the produce section, she slipped and fell on a spilled liquid, injuring her ankle, knee and shoulder. After rejecting an offer for minimal compensation from the store, the woman asked me to represent her. After conducting an investigation into the matter and building the case, I negotiated a $15,000 settlement for the woman, considerably more than Wal-Mart had offered her directly.

A Trip and Fall in New York City, Do I Have a Case?

By Carol L. Schlitt on September 30, 2011 • ( )

I received a call from a woman yesterday who tripped and fell in Manhattan over the Fourth of July weekend and wants to know if she has a case.

Here is a brief recap of the facts of the case:

The woman and some friends had ventured to the west side of Manhattan so they could watch the fireworks. They stopped at the McDonald’s on 34th Street to buy some sodas and to use the bathroom. When they came out, the woman got caught up in the crowd and tripped over something. She fell hard and suffered significant injuries, including a broken tooth, two cracked teeth and a fractured wrist as well as significant bruising and abrasions.

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