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Syracuse Personal Injury Law Blog

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New York Court Says Motorist Should Have Been Awarded Summary Judgment in Passenger’s Personal Injury Suit

A Syracuse car accident can happen in just a few seconds, changing the course of a crash victim’s life in ways from which he or she may never recover. Expensive medical treatment, time off from work, and travel costs back and forth to the doctor can be financially devastating. It…

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New York Appellate Tribunal Dismisses Mother’s Medical Malpractice Case Asserting Anesthesiology Error During Labor

Syracuse medical malpractice cases often come down to a “battle of the experts.” The case begins with the plaintiff’s medical professional witness testifying that the defendant failed to follow the standard of care and, as a result, harmed the patient. The defendant then puts his or her own expert witness…

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New York County Was Proper Venue for Medical Malpractice Lawsuit, Despite Defendant’s Objection

One of the first considerations in filing a Syracuse medical malpractice lawsuit is the proper party or parties to name as defendants. Another important issue that may need to be addressed is the correct court for purposes of jurisdiction and/or venue. When a defendant disagrees with the plaintiff’s choice of…

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New York Court Rejects Motorist’s Request for Summary Judgment Based on Emergency Doctrine in Car Crash Case

The basic question in a Syracuse care accident case is, did the defendant act reasonably under the circumstances? In deciding this issue, the trier of fact is usually given as much information as possible about the circumstances leading up to the collision. If the defendant was confronted with some type…

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New York Appellate Division Rules Against Hip Surgery Patient Who Allegedly Had Recurrent MRSA Infection Following Surgery

A Syracuse hospital malpractice case may be based on one or several alleged breaches of the duty of care towards a patient. Failing to properly diagnose and treat an infection is one possible issue that could arise in such a case. In order to prove negligence against a medical provider,…

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Appellate Tribunal Says New York Trial Court Acted Appropriately in Entering Judgment on Defense Verdict in Car Accident Case

Filing a Syracuse car accident lawsuit is just one of many steps towards recovering fair compensation for medical costs, lost earnings, and other losses caused by a negligent driver. Because New York is a “no-fault” state, there are certain thresholds that must be met in order for the plaintiff to…

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New York Court Upholds Dismissal of Car Accident Case on Summary Judgment Due to Plaintiff’s Untimely Opposition to Motion

Timeliness is very important at every juncture of a car accident lawsuit. From the filing of the initial complaint, to responding to pre-trial motions, and on the appellate process, time is of the essence. Those who fail to timely pursue their litigation against an allegedly negligent party will likely meet…

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Court Grants Partial Summary Judgment in Case Seeking to Avoid Limitations of New York’s No-Fault Law After Car Accident

New York is considered a “no-fault” state for purposes of automobile accident litigation. However, that does not mean that there is no possibility of filing a Syracuse car accident lawsuit against a negligent driver in which an innocent motorist, passenger, or pedestrian suffers serious personal injuries or wrongful death. There…

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New York Appellate Tribunal Agrees that Summary Judgment Would Be Improper in Failure to Diagnosis Cancer Case

Negligence cases, including Syracuse medical malpractice claims, often come down to one or two basic issues. Did the defendant breach a standard of care owed to the plaintiff? Was this the proximate cause of the harm that he or she complains about in the lawsuit? Proving fault in professional negligence…

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New York Woman’s Medical Malpractice Case Arising from Misdiagnosis Partially Dismissed on Statute of Limitations Grounds

Timeliness is of the essence in a Syracuse medical malpractice lawsuit. If a claim is not filed within the time allowed by law, it will eventually be dismissed by the courts, regardless of its merits. Because of this, it is critically important that anyone who believes that they or a…

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