People who suffer injuries generally have the right to pursue claims against the parties responsible for their harm, with or without the assistance of attorneys. Some claims, like those arising out of medical malpractice, are complex, however, and parties that attempt to seek compensation for medical negligence without legal counsel…
Syracuse Personal Injury Law Blog
New York Court Discusses Negligence in a Case Arising Out of a Plane Crash
Plane crashes are rare, but when they occur, they often cause catastrophic injuries. While many plane collisions are caused by defective design or maintenance of the planes themselves, they can also be caused by other factors, like the negligent operation of the plane or the performance of air traffic control…
New York Court Discusses Grounds for Modifying a Damages Award in a Medical Malpractice Case
Generally, in medical malpractice cases, plaintiffs will present evidence of the harm suffered and ask the jury to issue a verdict in their favor but will not request a specific damages amount. As such, what constitutes an appropriate amount of compensation is typically within the purview of the jury. If…
New York Court Discusses Establishing Liability for Anesthesia Errors
It is not uncommon for patients to suffer complications after surgical procedures, and in many instances, such complications are preventable and only arise due to the careless acts of one of the doctors involved in the surgery. The mere occurrence of an adverse event, however, does not necessarily indicate a…
New York Court Discusses the Evaluation of Evidence in Medical Malpractice Cases
The outcome of medical malpractice cases rests squarely on how the judge and jury view the evidence presented by the parties. Thus, while a plaintiff may believe her evidence to be compelling and sufficient to obtain a verdict in her favor, the outcome of the case may indicate otherwise. While…
Court Discusses Comparative Fault in New York Car Accident Cases
In many lawsuits that arise out of car accidents, the defendants’ liability appears to be clear. Even in cases in which it is evident that a defendant’s negligence caused a car accident, however, he or she is generally not precluded from arguing that the plaintiff is partially at fault as…
New York Court Explains the Evidence Needed to Establish the Lack of a Serious Injury in a Car Accident Case
In lawsuits arising out of car accidents, plaintiffs typically have to demonstrate not only that the defendant caused the collision but also that they suffered damages as a result of the crash. In some cases, though, defendants will not dispute liability but will argue that the plaintiffs did not suffer…
New York Court Discusses Medical Malpractice Claims Against the State
Many state-owned and operated facilities house individuals on a short-term or long-term basis. It is not uncommon for people confined in such facilities to require medical care, and if their requests are denied or the care is incompetently rendered, it can cause serious harm. As such, people injured by negligent…
New York Court Discusses Relationships Giving Rise to Medical Malpractice Claims
Many people who require medical tests or procedures use insurance to pay for the services they receive. While insurance companies often conduct reviews to determine if care is necessary, they do not provide medical care. Thus, as discussed in a recent opinion issued in a New York case, they generally…
New YorkCourt Discusses Establishing Liability for Negligence and Grossly Negligent Conduct
When catastrophic accidents cause multiple fatalities, it is not uncommon for surviving family members to seek to recover damages from the parties that caused or contributed to the accident. Simply showing that a tragedy occurred is not sufficient to establish fault, though. Instead, plaintiffs pursuing claims following deadly collisions must…