Under New York’s no-fault insurance laws, not every person who has been involved in a car accident has a right to sue the person responsible for the accident. Likewise, only those who meet certain exceptions to the no-fault rule can file the equivalent of a personal injury claim against their…
Syracuse Personal Injury Law Blog
Appeals Court Affirms Denial of Summary Judgment in New York Woman’s Premises Liability Lawsuit Against Housing Authority
Of the many Syracuse premises liability lawsuits that are filed, in addition to those filed elsewhere in New York, very few actually make it to trial. There are two main reasons for this. First of all, as with other types of civil claims, many slip and fall cases are settled…
Appellate Court Reviews Bus Accident Case to Determine Whether Victims Suffered “Serious Injury,” as That Term is Defined by New York Insurance Law
New York is considered a “no fault” state for purposes of automobile accident insurance. This means that, when a Syracuse car accident occurs, the driver of the two cars involved in the accident are reimbursed by their respective insurance companies, such that neither party must prove fault against the other.…
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…
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…
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…
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…
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…
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…
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,…