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Appellate Court Rules on Conscious Pain and Suffering Damages in Case Invovling Death at Scene of Bus Accident | New York Injury Cases Blog

Appellate Court Rules on Conscious Pain and Suffering Damages in Case Invovling Death at Scene of Bus Accident | New York Injury Cases Blog | Washington Legal News | Scoop.it

Lourdes Fernandez was 68 years old on July 2, 2008 when, at about 1:30 p.m., she was crossing Madison Street near its intersection with Jackson Street in Manhattan. She was struck by a left turning bus and died at the scene.

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When Normal Isn’t Normal (License for Sale?) – New York Personal Injury Law Blog

This is the story of a doctor who decided that “normal” isn’t what he learned over decades of practice, but what an insurance carrier tells him is normal. If you earn your bread in the well of the courtroom, this may be something you hadn’t considered before.

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Bad Faith Claim for Failing to Tender Policy Limits - Maryland Injury Lawyer Blog

Bad Faith Claim for Failing to Tender Policy Limits - Maryland Injury Lawyer Blog | Washington Legal News | Scoop.it

I have a theory. My theory is that under Maryland law, insurance companies have an obligation to their insureds to tender the policy limits in a case as soon as a reasonable, prudent insurance company would realize that they must do so to protect the interests of their client.

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To Tell the Truth: Which Doctor’s Signature is the Real One? – New York Personal Injury Law Blog

To Tell the Truth: Which Doctor’s Signature is the Real One? – New York Personal Injury Law Blog | Washington Legal News | Scoop.it

I thought I was done, for the time being, ripping scabs off the lacerations and lesions of New York’s medical-legal evaluation industry. Boy was I wrong.

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Court Affirms Pain and Suffering Award in Wrongful Death Car Crash Case - Passenger Conscious for 39 Minutes | New York Injury Cases Blog

Court Affirms Pain and Suffering Award in Wrongful Death Car Crash Case - Passenger Conscious for 39 Minutes | New York Injury Cases Blog | Washington Legal News | Scoop.it

On August 11, 2008, Elvia Collado was 22 years old and working  as a counselor for developmentally disabled kids while attending college at night. That was the day she died when Waldo Vargas, her boyfriend of three years, crashed his car while driving intoxicated on the Belt Parkway at Springfield Boulevard in Queens. He lost control, hit a tree and killed Elvia who was a front seat passenger wearing a seat belt.

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Court Orders Substantial Increase in Pain and Suffering Damages for Construction Project Manager's Ankle Injury | New York Injury Cases Blog

Court Orders Substantial Increase in Pain and Suffering Damages for Construction Project Manager's Ankle Injury | New York Injury Cases Blog | Washington Legal News | Scoop.it

On March 2, 2009, Mark Grinberg was a project manager for URS Corporation working at a construction site when he slipped and fell on a piece of plywood that was covered plastic.

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Court Affirms Modest Award for Construction Worker's Foot and Ankle Injuries | New York Injury Cases Blog

James Ciuffo had been working as a laborer for a couple of years for Mowery Construction Company in the Lake George region. He was in excellent physical shape and was a top flight amateur golfer with dreams of becoming a club pro. On March 15, 2005, though, while working at a job site, scaffolding collapsed causing Mr. Ciuffo to fall  to the ground and sustain serious foot and ankle injuries.

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The Worst Supreme Court Cases Of 2013 For Consumers, Employees, And Patients | Litigation & Trial Lawyer Blog

Back in January 2012, I posted a short item titled, Supreme Court Sets The Tone For 2012 Term: Might Makes Right, in which I recounted how the Supreme Court had begun the 2011-2012 term with two opinions that were great if you own a prison management company or fake credit repair company, but not so great if you were injured by a private prison’s malfeasance or defrauded by a consumer credit company.

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Why Arbitration is Rigged Against Consumers – New York Personal Injury Law Blog

Why Arbitration is Rigged Against Consumers – New York Personal Injury Law Blog | Washington Legal News | Scoop.it

The United States Supreme Court put arbitration back in the news yesterday, by deciding a case in favor of American Express and against a restaurant (American Express v. Italian Colors Restaurant). The restaurant had a $40,000 claim, but to prove it would cost about $1M. They wanted, therefore, to proceed as a class action with others similarly aggrieved by American Express policies, as that is what class actions are made for: allowing small claimants to aggregate to make justice economically viable.

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Dr. Robert Israel Slapped with 3-Year Probation Sanction – New York Personal Injury Law Blog

It is unlikely that the name Robert Israel means much to many of my readers. But if you are a practicing personal injury lawyer in New York, it means a whole lot. And the fact that he was just placed on probation for professional misconduct means a whole lot more.

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Pain and Suffering Award Affirmed in Slip and Fall Case Despite Plaintiff's Active Lifestyle | New York Injury Cases Blog

Pain and Suffering Award Affirmed in Slip and Fall Case Despite Plaintiff's Active Lifestyle | New York Injury Cases Blog | Washington Legal News | Scoop.it

On September 2, 2009, Yvan Lemoine slipped and fell down an interior stairwell at the premises of Planet Fitness in Astoria.

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$44 Million Contingency Fee In Estate Litigation Thrown Out As "Unconscionable" | Litigation & Trial Lawyer Blog

The incomparable ability of estate litigation to drag on is literally a joke, a joke so old and so well-known that more than 150 years ago Charles Dickens opened the novel Bleak House with reference to the fictional Jarndyce and Jarndyce estate proceeding that had been going on for generations.

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Future Pain and Suffering Damages Verdict Reduced in Spinal Injury Aggravation Case | New York Injury Cases Blog

Future Pain and Suffering Damages Verdict Reduced in Spinal Injury Aggravation Case | New York Injury Cases Blog | Washington Legal News | Scoop.it

On August 18, 2004, Burnett Williams was working for a lead abatement contractor at the 170th Street subway station in the Bronx. He was inspecting lead as old steel was being removed in connection with demolition and construction at the station and was injured when he stepped on and fell through temporary plywood flooring and his buttocks and back landed on a steel girding beneath the flooring.

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"Lawsuit Abuse Reduction Act" Aims To Make Litigation More Expensive | Litigation & Trial Lawyer Blog

Late last week, when I heard that the U.S. House of Representatives passed the “Lawsuit Abuse Reduction Act,” a certain Mark Twain quote came to mind: “Suppose you were an idiot, and suppose you were a member of Congress; but I repeat myself.”

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Dog Case Heading to NY’s Top Court – New York Personal Injury Law Blog

Dog Case Heading to NY’s Top Court – New York Personal Injury Law Blog | Washington Legal News | Scoop.it

Earlier this year I wrote about a change under hoof in New York about animals causing injury. It has long been held that animal owners could only be liable for their animals’ acts if there was a “known vicious propensity,” that being some type of aggressive or threatening behavior. Hence the phrase, “every dog gets one free bite.

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Is The NCAA Legally Responsible For Player Injuries And Deaths? | Litigation & Trial Lawyer Blog

The NCAA is a magnet for litigation these days; if they’re not being hounded with dubious claims by Pennsylvania Governor Tom Corbett, they’re being challenged for a variety of meritorious antitrust claims, like on their rules limiting athletic scholarships and their licensing agreements for videogames. The cases raise substantial issues about the extent to which an organization can wholly dominate — and profit from — the field of college athletics free from legal accountability.

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How Does A Lawyer Prepare To Take A Deposition? | Litigation & Trial Lawyer Blog

One of my most popular posts among lawyers is “Be A Potted Plant: Sanctions For Deposition Coaching and Witness Conferences,” which talks about how to defend a deposition in federal court, or, rather, how a lawyer should not defend a deposition of their client by acting like a fool at the deposition and interposing speaking objections. Others, like Jordan Rushie and Alex Craigie, have their own thoughts. (See my comment to Craigie’s post — our views are not so different after all.)

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Quickie Medical Exams: What Next? – New York Personal Injury Law Blog

Quickie Medical Exams: What Next? – New York Personal Injury Law Blog | Washington Legal News | Scoop.it

So? Nowwhat?

 

I started this series with the story of one doctor, Michael Katz, getting busted on the witness stand for lying about a defense medical exam that lasted less than two minutes. I followed up regarding the judge’s referrals for punishment, and then did an analysis of other exams Dr.Katz had done, timed by others, by others, that averaged less than five minutes.

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Premature Evaluations – The Evidence on Quickie Medical-Legal Exams – New York Personal Injury Law Blog

Premature Evaluations – The Evidence on Quickie Medical-Legal Exams – New York Personal Injury Law Blog | Washington Legal News | Scoop.it

When I started this series, dear reader, I had no idea it would be so easy to find multiple doctors doing 1,000- 2,000 medical legal exams each year, and that I would be able to demonstrate that their average exam times were likely under five minutes each. But if you read today, you will see that this is the result from my investigation. Welcome to Part 4.

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So, Just How Short Were Dr. Katz’s Medical-Legal Exams? – New York Personal Injury Law Blog

So, Just How Short Were Dr. Katz’s Medical-Legal Exams? – New York Personal Injury Law Blog | Washington Legal News | Scoop.it

In part one of this series on defense medical exams I wrote about Dr. Michael J. Katz getting busted for lying on the witness stand about the one minute and 56 second orthopedic exam he did in Bermejo v Amsterdam.

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Can Lawyers Properly Value Personal Injury Cases? - Maryland Injury Lawyer Blog

Can Lawyers Properly Value Personal Injury Cases? - Maryland Injury Lawyer Blog | Washington Legal News | Scoop.it

When trying to figure out the settlement value of a personal injury case, trial attorneys pull from usually only one resource: they're own experience. We pull from our own cases and from cases we have heard about from other lawyers. But how good are we at valuing cases?

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State Negligent in Causing Death but No Damages Allowed | New York Injury Cases Blog

State Negligent in Causing Death but No Damages Allowed | New York Injury Cases Blog | Washington Legal News | Scoop.it

Cheryl Thurston lived in a group home facility operated by New York State’s Office for People with Developmental Disabilities. The residents at 8 Hilltop Drive in Pittsford all had developmental disabilities and each was subject to varying degrees of supervision with regard to things like mobility and safety.

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Lessons From The NHTSA vs Chrysler / Jeep SUVs Battle Over Rear-Impact Crash Fires | Litigation & Trial Lawyer Blog

As was widely reported yesterday (e.g., USA Today, Bloomberg, LA Times), the National Highway Traffic Safety Administration (NHTSA) sent Chrysler a letter earlier this week asking it to recall the 1993-2004 Jeep Grand Cherokee and the 2002-2007 Jeep Liberty because they “performed poorly when compared to all but one of the 1993-2007 peer vehicles, particularly in terms of fatalities, fires without fatalities, and fuel leaks in rear end impacts and crashes.”

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New York Medical Malpractice - Cross-Examination of Defendant's Expert

New York Medical Malpractice - Cross-Examination of Defendant's Expert | Washington Legal News | Scoop.it
New York Medical Malpractice Lawyers - Cross-Examination of Defendant's Expert. As published by the New York State Bar Association.
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Appellate Court Affirms Trial Judge's Increased Evaluation of Pain and Suffering Award in Laborer's Case Alleging Ankle and Shoulder Injuries | New York Injury Cases Blog

Appellate Court Affirms Trial Judge's Increased Evaluation of Pain and Suffering Award in Laborer's Case Alleging Ankle and Shoulder Injuries | New York Injury Cases Blog | Washington Legal News | Scoop.it

On March 24, 2007, Fitzroy Burnett was working for the transit authority as part of a track removal and replacement project in the subway tunnel at the 155th Street station in Manhattan. Burnett was attempting to remove shoring stuck in the concrete skeletonized track. He slipped and fell backwards onto a track due to the presence of water that had been allowed to accumulate in his work area. As a result, the 51 year old struck his head, shoulder and back and was unable to get up due to severe ankle pain. Burnett was immediately taken by ambulance to the local hospital.

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