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’
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.
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.
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 ›
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 ›
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 ›
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.