Personal Injury

Appellate Court Reduces Mesothelioma Pre-Death Pain and Suffering Award

On February 16, 2016, Munir Seen, then 66 years old, was diagnosed with mesothelioma. He’d been exposed to to asbestos working as a drywall installer in the metropolitan area on a regular basis for about 20 years since 1965, In…

Federal Rule 26 Discovery Proportionality

Civil litigators often spend more time in discovery disputes than in trials. Few plaintiffs or defendants are keen on spending time in a deposition, collecting documents, or handing over to their opponent evidence that could be used against them later….

A SERIES OF WEBINARS ON “STAYING SAFE” IN PERSONAL INJURY PRACTICE: BRIGHTEN UP YOUR NEW YEAR

To help 2021 run smoothly  for our members I am presenting a series of webinars in February and March on the theme of “staying safe” in the running of personal injury cases. The webinars look at key areas of practice…

How Use of Safety Gear Can Affect Motorcycle Injury Claims

If you ride a motorcycle in New York City, wearing a helmet, eye protection, and other safety gear greatly reduces your chances of sustaining severe injuries during a crash. Another reason to always wear your safety gear is that failure…

Record Setting Medical Malpractice Brain Injury Verdict

On November 27, 2018, at 3 a.m., then 41 year old William Lee, fell in his bathroom at home in Elmsford. His wife Anna heard the thud, ran to the bathroom and found her husband convulsing on the floor. She…

Equifax And The Long Legal Road In Data Breach Class Actions

Equifax, which knows more about you than your own mother, (1) failed to maintain its servers, (2) was hacked and lost sensitive personal data for 143 million people, (3) concealed that fact for months, (4) blamed another company for the…

FATAL ACCIDENTS: DAY LONG (ONLINE) COURSE ON LAW, PRACTICE AND PROCEDURE: 12TH NOVEMBER 2021

Alongside solicitor Hilary Wetherell I am presenting a day long course: Fatal Accidents: Law, Practice, Procedure and Compassion 2021.  It is an online course on the 12th November 2021.  Booking details are available here. THE COURSE This one day virtual course will take…

What Does New York Being a ‘Comparative Negligence’ State Mean?

If your injuries were caused by another person’s negligent behavior, you have the right to seek compensation to cover the cost of your medical bills and other expenses, even if you bear some responsibility for the accident. It’s important to…

Construction Worker’s Neck and Shoulder Pain and Suffering Award Affirmed

On September 5, 2018, Nidia Vasquez was injured while working as a laborer at a demolition and construction site in Buffalo when she was struck on her head and a shoulder by an unsecured ladder that had been standing against…

The Opioid Crisis, The Courts, And The Chamber of Commerce

On Sunday, the Washington Post published a detailed investigative report about how the drug industry snuck through Congress a bill that ruined one of the Drug Enforcement Agency’s key tools in the fight against the opioid epidemic. The DEA’s own…

FATAL ACCIDENT DAMAGES: COURT OF APPEAL UPHOLDS WIDOW’S CLAIM TO DAMAGES BASED ON “PRACTICAL REALITY”

In Paramount Shopfitting Company Ltd v Rix [2021] EWCA Civ 1172 the Court of Appeal rejected a defendant’s appeal in relation to the assessment of damages awarded to a widow. The widow’s husband had run a successful business.  The fact that it…

When a Car Accident Injury Is Caused by Mechanical Failure

When a car accident is caused by mechanical failure, it has significant implications for a personal injury case. The owner of a vehicle involved in an accident may be liable for your injuries if they fail to ensure adequate vehicle…