There are four steps to establishing liability in a Syracuse car accident case: duty, breach of duty, causation, and damages. Once each of these elements has been proven, the remaining issue is usually the amount of money damages necessary to compensate the plaintiff for his or her pain and suffering,…
Syracuse Personal Injury Law Blog
Summary Judgment Should Have Been Granted to Motorist in New York Rear-End Collision Accident Case
Although a Syracuse car accident can happen in many different ways, rear-end collisions, side-impact accidents, and head-on crashes are some of the most common scenarios for car wrecks nowadays. Driver distraction or inattention, speeding, and drunk or impaired driving are common causes of these types of car accidents. In motor…
New York Appellate Court Agrees with Plaintiff in Medical Malpractice Case That Doctor Should Submit to Additional Deposition
A Syracuse medical malpractice case begins with the plaintiff filing a lawsuit against the allegedly negligent doctor, hospital, or another medical provider. The defendant(s) then files an answer, addressing each of the allegations made by the plaintiff in his or her suit. From there, the case typically proceeds to the…
Summary Judgment to Ambulance Company Affirmed by New York Appellate Tribunal
Birth injuries caused by negligence during childbirth and delivery are, unfortunately, quite common. Just like surgeons and general practitioners, obstetricians and pediatricians sometimes make mistakes, and both mother and child can suffer serious, sometimes even fatal, consequences. As with other types of Syracuse medical malpractice lawsuits, the plaintiff has the…
Negligent Entrustment Claim Should Have Survived Summary Judgment in Claim Brought by Family of New York Woman Killed in Scooter Accident
In a Syracuse motorcycle accident negligence lawsuit, the premise is simple: the defendant should be held legally liable to the person or family who was hurt by his, her, or its failure to act in a reasonably prudent manner. Four elements are required in order to prove negligence: duty, breach…
New York Court Affirms Summary Judgment to Doctors in Medical Malpractice Case Arising from Patient’s Death Due to Pulmonary Embolism
A doctor or healthcare provider’s failure to diagnose and/or properly treat a pulmonary embolism can result in a Syracuse surgical malpractice claim. Potentially life-threatening, a pulmonary embolism occurs when a blood clot (usually from another part of the body) blocks one of the pulmonary arteries in the lungs. A pulmonary…
New York Appellate Court Affirms Denial to Premises Owners in Slip and Fall Case
Under New York law, those who operate businesses that have parking lots, sidewalks, or steps attached to their premises have certain duties to those who use those areas to walk into the owner’s shop, store, or other establishment in order to conduct business. As is typical in personal injury lawsuits,…
New York Court Holds that Failure-to-Diagnose Breast Cancer Medical Malpractice Claim Was Timely Filed
Like other types of personal injury and wrongful death cases, claims for medical malpractice must be filed within a certain period of time (called the “statute of limitations”), or else the claimant forfeits his or her right to pursue fair compensation. While there a few exceptions to this general rule,…
Dismissal of Medical Malpractice Case Brought by Family Following Patient’s Death from Stroke and Heart Attack Affirmed by New York Court of Appeals
Syracuse medical malpractice lawsuits often come down to a “battle of the experts.” Sometimes this happens during the pre-trial phase, in which the parties submit their respective expert witnesses’ statements in support of, or in opposition to, a motion by the defendant(s) for judgment as a matter of law. Unless…
Appellate Tribunal Affirms Summary Judgment in Favor of New York Doctor in Medical Negligence Case
In a Syracuse medical malpractice case, there are many steps between the act of negligence and a settlement or judgment in favor of the patient (or, if the patient died as a result of the malpractice, his or her family). One of the first steps is a review of the…