New York law requires all drivers to maintain policies of auto insurance with specific amounts of coverage. Since many drivers do not have the required insurance, state law also requires auto insurance policies to include uninsured motorist (UM) coverage. Underinsured motorist (UIM) coverage is optional under state law. In order…
Despite the old saying “You can’t fight city hall,” it is possible to recover damages in New York for injuries caused by the negligence of a government official or employee. In order to file suit against the state, a political subdivision (cities, towns, etc.), or a government official, an injured…
Nursing homes provide care for some of the most vulnerable people in our society. Our legal system therefore holds them to a very high standard. When a nursing home fails to provide adequate care to a resident, it could be held liable for resulting injuries. The common-law theory of negligence,…
New York’s “no-fault law,” found in § 5104 of the New York Insurance Law, limits a plaintiff’s ability to recover non-economic damages in an auto accident claim. “Non-economic damages” are often the greatest losses in car accidents and other injury cases. They go beyond direct expenses like medical costs and…
Owners of real property owe a duty of care to people invited onto their property under the legal theory of “premises liability,” a common-law doctrine derived from the theory of negligence (i.e., the absence of ordinary care). Premises liability generally holds that a property owner has a duty to maintain their…
New York Trials are structured differently in Manhattan and Bronx personal injury cases than they are in the remainder of the lower Hudson Valley and other boroughs of New York City. In a New York County construction accident, or a Bronx slip and fall case, for example, there are “full…
A subpoena is a command for the person receiving this document to appear in Court or at a deposition, either to give testimony or to bring documents. A failure to comply with the subpoena can result in a financial penalty to the person subpoenaed, or in extremely rare instances, to…
In New York personal injury cases, such as a Brooklyn slip and fall accident, Bronx motor vehicle accident, or a Westchester construction accident, probably the most important legal procedure in the case before trial is the deposition. In a deposition, also known as an Examination Before Trial (EBT), the parties…
Negligence is a very common term in New York law, but clients are frequently unsure what this term means. Negligence means a lack of reasonable care which one person owes to another person. It is failing to foresee or anticipate that the wrongdoer’s risky conduct will cause injury to another.…
The Statute Of Limitations In New York is a legal term which means the time in which a lawsuit must be started to be legally sufficient. In New York State, there are numerous statutes of limitations for various different types of cases. For example, in New York motor vehicle accident…