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.
Tag Archive for ‘New York Laws’
The No-Fault Medical Exam in New York
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 ›
Settlement in a Nassau County Car Accident Case
On a warm May morning with a light rain falling, a Nassau County woman placed her young daughter in a car seat and set off to run some errands. While stopped at a Stop sign in Malverne, a pick-up truck… Read More ›
What is a Claim Letter or a Letter of Representation?
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
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?
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.
Settlement for a Slip and Fall at a New York City Office Building
Last November, a woman working at a temporary employee entered the woman’s washroom on the floor near her office. She slipped and fell on a puddle formed by water leaking from the sink that was slanted towards the ground. An… Read More ›
A Ruling on New York’s Emergency Doctrine: Sun Glare is Not an Emergency
The New York Court of Appeals, the highest court in the state, has ruled that a driver from Syracuse who struck and killed a pedestrian while being distracted by sun glare cannot invoke New York’s “emergency doctrine.” The decision clarifies… Read More ›
Lawsuit Settlement for a Trip and Fall on a Manhattan Sidewalk
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
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.
