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New York Personal Injury Lawyer Blog

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Insurance Companies’ Notice Requirements for Uninsured and Underinsured Motorist Claims in New York

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…

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Nursing Home Malpractice Under New York Law

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,…

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FDA Mandates Further Research from Drug Makers Into Long-Term Effectiveness of Opioids

Opioids were responsible for over 47,000 overdose deaths in 2017, according to the Center for Disease Control and Prevention (CDC). Over one-third of those deaths involved medications obtained with a prescription. Doctors often prescribe opioids for pain management, but the use of opioids for long-term management has reportedly never received…

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New York Appellate Court Decisions on “Permanent Consequential Limitations” and “Significant Limitations”

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…

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Recent New York Cases Alleging Violations of Labor Law § 241(6)

New York construction law places extensive obligations on property owners and general contractors to provide a safe work environment. The New York Labor Law (NYLL) allows workers and others to file civil suits for damages if violations of safety requirements cause injury. These claims can be made in addition to…

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Recent Developments in the New York Scaffold Law

New York law offers numerous protections for workers who suffer injuries while performing dangerous work. Construction workers routinely find themselves in unequal bargaining positions with contractors and property owners. If they demand better safety equipment, and safer conditions in general, they might find that speaking out puts their jobs at…

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Recent Premises Liability Cases in New York’s 9th Judicial District

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…

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