Collisions frequently cause back and neck injuries and people hurt in crashes have the right to seek compensation for their harm from the parties that caused the accident via civil claims. A plaintiff must respect a defendant’s right to conduct discovery, though, which may include submitting to a medical examination.…
Many people have jobs that require them to operate motor vehicles. When people cause collisions while they are working, their employers may be deemed vicariously liable for any damages sustained. A plaintiff in a car crash case must prove liability to recover compensation, however, and if they cannot, their claims…
Horses are often thought of as gentle giants, and many people living in New York take pleasure in riding them. Even the most well-trained horses can be unpredictable, though, and there is an inherent risk in horseback riding. As such, a person that suffers harm while riding a horse may…
Car accidents occur regularly in New York, and many people injured in collisions will seek compensation from the driver they deem responsible for the accident. It is not uncommon for a defendant in a car crash case to argue that the plaintiff actually caused the accident, and therefore, the plaintiff’s…
In New York birth injury cases, the success of a plaintiff’s claims hinges not on whether the plaintiff can demonstrate they suffered harm but whether they can link that harm to the defendant’s acts or omissions. If they can, they may be awarded damages, but if they cannot, their claims…
Delays in obtaining an accurate diagnosis can have grave consequences. As such, doctors who carelessness neglect to provide their patients with a timely diagnosis should be held accountable. A plaintiff harmed by a doctor’s inattentive care can often recover damages for medical malpractice, but if the doctor was a federal…
One of the key components of medical malpractice cases is the standard of care. Specifically, a plaintiff must establish that applies to the allegedly negligent health care provider and provide expert testimony explaining the manner in which the defendant breached the standard. In cases in which the parties produce conflicting…
The standard of care imposed on medical professionals is beyond the understanding of most laypeople, and parties in medical malpractice cases will often rely on reports from medical experts to support their positions. Thus, the success of a plaintiff’s medical malpractice claim often hinges on which party’s expert offers a…
In medical malpractice cases, defendants will often try to avoid the costs associated with protracted litigation by seeking dismissal of the plaintiffs’ claims prior to trial via motions for summary judgment. If the court finds that a defendant has adequately demonstrated the right to judgment in its favor as a…
In many car accident cases, proving liability can be difficult. In some collisions, though, it seems as if liability is clear. For example, in rear-often crashes, there is generally a presumption that the second driver is responsible. While that is generally true, it is not an irrefutable assumption, as demonstrated…