Motor Vehicle Accident Decision
In an important motor vehicle accident decision in January of 2014, the Appellate Division affirmed a summary judgment for the defendant in Lee v. D. Daniels Contr., Ltd., 2014 NY Slip Op 00487. This case centered around an interesting question, to wit, Does a parties conduct in furnishing the conditions for the accident also make that party a proximate cause of the accident? Based on this decision the answer is surprisingly, not necessarily. Causal relationships have everything to do with liability in personal injury cases. This case also shows us that it is important to keep up with current case law in order to evaluate the likelihood of success for a particular matter. Automobile accidents are very intricate and should be evaluated by an attorney.
Personal Injury Attorneys in Mineola
As always, if you were involved in an automobile accident and want to speak with an experienced attorney, call The Law Firm of Vaughn, Weber & Prakope, PLLC at (516) 858-2620 today!
Often times in Personal Injury cases, the injury itself becomes an issue. Not all injuries are sufficiently damaging to be considered “serious” under New York Insurance Law, section 5102(d). The facts of each particular case will determine whether or not each claimed injury meets the threshold of a “serious injury” under this statute. In order to cross the threshold and satisfy the statute, the nature of the injury itself must be a “permanent consequential limitation of use of a body organ or member” or “significant limitation of use of a body function or system.” These standards were interpreted by the Court in Toure v. Avis Rent a Car Systems, Inc., 98 N.Y.2d 345, 350, 746 N.Y.S.2d 865 (2002) and later strengthened by the Courts in Perl v. Meher, 18 N.Y.3d 208, 936 N.Y.S.2d 655 (2011) and Adler v. Bayer, 77 A.D.3d 692, 909 N.Y.S.2d 526 (2d Dep’t 2010). Patrick Higgins, Esq. discusses the significance of these cases in great detail in The Plaintiff’s Personal Injury Action in New York State.
Understanding the categories of injuries and the way in which the law views each type of injury can be a daunting task. It is in your best interest to consult with an attorney to help clarify any questions you may have about whether or not your injury will pass the threshold of a “serious injury” under New York Insurance Law, section 5102(d).
Just for informational purposes; there also exists a 90/180 rule. This rule includes injuries that cause an injured victim to miss 90 out of 180 days from work. This particular post is not directed towards explaining this category but it is important to be aware of.
As always, if you need assistance with any aspect of your Personal Injury case, including threshold questions, please call (516) 858-2620 to speak to a Personal Injury attorney today!
Filing Notice of Claim in Personal Injury Lawsuit
A Notice of Claim must be served on any Municipality or Department of a Municipality before an action can be commenced against that Municipality. It is important to remember that The Uniform Notice of Claim Act took effect on June 15, 2013. Several rules were amended regarding properly serving a Notice of Claim.
There are a few unique aspects of a personal injury lawsuit against a Municipality. The Notice of Claim and shortened Statute of Limitations however are the most important to know. Failure to serve a Notice of Claim or serving a Notice of Claim to the wrong entity can permanently preclude your ability to bring the action. It is therefore in your best interest to discuss the serving of a proper Notice of Claim with an attorney.
Personal Injury Attorney in Long Island
As always, if you or a family member have been injured due to the fault of a Municipality, call (516) 858-2620 to speak to an experienced personal injury attorney today!
Jury Selection for Personal Injury Trial
The jury selection process in Personal Injury cases is very important. Questioning the potential jurors is a process known as “Voir Dire.” This may be the single most important process in the whole trial. Selecting the jurors who will give you the best chance to win your case is invaluable. For the purpose of simplicity, we will not go deep into preemptive challenges. I will only say that your opposition is able to eliminate certain jurors from the potential juror pool. You are also entitled to eliminate jurors who you feel will help your opponent.
Since the burden of proof is on the Plaintiff in a Personal Injury case, the Plaintiff is generally the party who asks the most questions to the potential jurors. Defendants are given an opportunity to question each juror after the Plaintiff has completed his questioning of that juror. After each grouping of jurors is questioned by both parties, the Plaintiff and Defendant leave the room and discuss which jurors will be eliminated from the selection process or selected to become a final member of the jury panel.
Personal Injury Attorney in Mineola
Although this is an oversimplification of the jury selection process, the importance of the process cannot be overstated. You will need an attorney who has a strategy for jury selection that will give you the best chance to end up with a favorable jury panel. If you are not represented by counsel and have questions about your Personal Injury case, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to a Personal Injury Attorney who can help you with jury selection and any other aspect of your litigation.
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