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Syracuse Personal Injury Law Blog

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New York Appellate Court Affirms Summary Judgment to Construction Worker on Labor Law Claim

Construction workers face many dangers in the workplace, including the possibility of a fall if working on an elevated surface without the proper safety equipment. If a worker is hurt in such a situation, he or she should talk to an experienced Syracuse construction accident attorney about the process of…

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New York Appellate Division Says Trial Court Was Wrong to Grant Summary Judgment on Liability as a Discovery Sanction in Medical Malpractice Case

A Syracuse medical malpractice lawsuit can take a long time to resolve. For starters, an investigation must be conducted, an expert must be retained, and suit must be filed – and that’s just to get the case started. As matters progress, the parties usually exchange discovery requests in order to…

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New York Appellate Division Affirms Summary Judgment to Hospital Following Patient’s Death From Pre-Existing Bacterial Infection

Losing a loved one is one of the most painful experiences in life. When the loved one’s death was preventable, the situation is even more difficult. If you have recently lost a family member and have reason to believe that a doctor, nurse, or hospital’s negligence was to blame, you…

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New York Appellate Court Holds that Plaintiff’s Choice of Venue in Medical Malpractice Case Was Proper

Most people understand that the first step in pursuing monetary compensation in a Syracuse medical malpractice case is to file a claim in court. However, what is less commonly known is that there can sometimes be an argument about the proper court in which to file the claim. When a…

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Administrator’s Medical Malpractice Lawsuit Was Timely, Says New York Appellate Court

When it comes to medical malpractice cases, there are some commonalities regardless of where the suit is filed – the burden of proof is on the plaintiff to prove that there was a deviation from the accepted standard of care, for example. However, with regard to procedural matters, such as…

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New York Appellate Court Says Fuel Nozzle Manufacturer and Gas Station Owner Should Have Been Granted Summary Judgment in Fueling Accident Case

A Syracuse personal injury lawsuit may involve one defendant or multiple defendants. Likewise, a single theory of liability may be asserted, or multiple theories may be included in the plaintiff’s complaint for damages. The more defendants and the more theories of liability, the more likely it is that some of…

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New York Appellate Court Finds that Jury’s Verdict in Premises Liability Case Was Not Supported by the Evidence

When the owner of a piece of property does not use reasonable care to keep the property safe for those who have a legal right to go onto the property, a premises liability lawsuit may result. In such an action, the plaintiff must prove, by a preponderance of the evidence,…

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Late-Filing of New York Medical Malpractice Claim Permitted Under Relation-Back Doctrine

Those who have been hurt by a doctor, nurse, or hospital have a limited time in which to file a medical malpractice claim. Usually, claims not filed within this time period are dismissed by the court as untimely. However, there are a limited number of circumstances in which a late-filed…

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New York Court Holds that Defendants’ Failure to File Timely Answer Should Have Resulted in Default Judgment in Medical Negligence Case

Hopefully, everyone knows by now that there is a statute of limitations that places an outer limit on the time during which a Syracuse medical malpractice claim can be filed. While there are a few, very limited exceptions to this rule, most cases that are filed outside of this time…

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New York Court Reverses Lower Tribunal’s Order Disqualifying Attorney for Estate of Deceased Alleged Medical Malpractice Victim

Syracuse medical malpractice lawsuits can have multiple complications, especially when the alleged act of medical negligence resulted in a loved one’s death. Part of the reason for this is that the actual plaintiff in such a case is the deceased person’s estate – not his or her survivors. Although family…

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