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Syracuse Personal Injury Law Blog

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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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Summary Judgment in Favor of New York Doctor and Medical Practice Affirmed – Court Hints Result Might Have Different if Autopsy Had Been Performed

Perhaps the most important thing that a patient should know about a Syracuse medical malpractice case is that, if something goes wrong and he or she feels the need to sue a medical provider for negligence, it is the patient who bears the burden of proof. This is true even…

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New York Court Agrees that Summary Judgment Was Not Warranted in Multi-Car Crash

Car accidents can happen in so many ways – head on collisions, T-bones, and rear-end wrecks, just to name a few. Some Syracuse car accidents result from “chain reaction” or “multi-vehicle” crashes in which not just one or two but potentially several vehicles are involved. The challenge in any accident…

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New York Appellate Tribunal Finds No Reason to Disturb Trial Court’s Entry of Jury’s Verdict for the Defendant in Medical Malpractice Case

When a Syracuse medical malpractice case is tried to a jury, one party or the other will likely be unhappy with the jury’s verdict. After all, if the parties were in agreement about the issues of the case, there likely would have been a settlement rather than a trial. The…

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