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In a New York car accident case, a plaintiff must show that he or she was injured and that the injuries were proximately caused by the accident. It is not enough to show that there was an accident and that the plaintiff has injuries; the plaintiff must also show that the accident was the proximate cause of the injuries. If a plaintiff has suffered previous injuries or has a condition in the same area of the body, the defendant will …

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Generally, an employer may be held liable for the negligence of its employees when they are acting within the scope of their employment. This theory of liability is known as respondeat superior. Respondeat superior applies when the negligent person is an employee, but it generally does not apply to independent contractors. The question of whether a person is an independent contractor or an employee turns on whether the purported employer exercises control over either the means or the results. The …

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A person injured in a New York car accident must show he or she suffered a serious injury under the New York Insurance Law. The Insurance Law sets forth several categories of significant injuries, including the limitation of use of a body function or system. To defeat a defense motion for summary judgment on the issue of limitation of use, the plaintiff must provide objective medical evidence showing the extent, percentage, or degree of the limitation or loss of range …

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The New York Labor Law requires owners and contractors to provide a safe construction site and imposes liability on them if they fail to meet certain safety requirements. Although they are generally considered to apply to construction sites, the applicability of the statutes is based on the work being performed and may be somewhat broader than what one would generally imagine as a construction site. Thus, New York construction injury attorneys know that there may sometimes be a question as …

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New York car accident attorneys must fight hard for their clients from the beginning of the case. New York defendants often seek summary judgment on the ground that the plaintiff did not sustain a “serious injury” as defined by New York insurance laws. Defendants will use independent medical examinations to show that the plaintiff’s injuries were not “serious.” Plaintiffs can successfully defeat these motions if they have records from their own doctors that show they have met the definition of …

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Social media has become a significant part of many people’s lives. It allows people to maintain contact with family and reconnect with old friends. New York personal injury attorneys understand, however, that a social media account can be detrimental to a case. Defendants often seek the photographs and posts in a plaintiff’s account, as seen in a recent case.
The plaintiff filed suit against the defendant for injuries she allegedly sustained when she fell off …

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Evidence submitted in support of a motion for summary judgment must be in admissible form. Medical records should generally be affirmed or certified, but a defendant in a New York auto accident case may rely on unsworn medical records received from the plaintiff. The defendant should, however, provide a foundation for such records in counsel’s affirmation. A New York court recently disregarded the records submitted by defendants in support of a motion for summary judgment due to their form.
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Showing a New York car wreck victim sustained a “serious injury” under New York insurance law is an important part of a negligence claim against the other driver. There are several categories of serious injury, including the 90/180 day category, which requires a showing the accident resulted in a disability that prevented the plaintiff from doing his or her regular daily activities for a period of at least 90 of the 180 days after the accident. The relevant period for …

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New York car accident attorneys often seek to have the court determine the defendant is liable through summary judgment. It is also common for defendants to move for summary judgment. When a court grants summary judgment, it is deciding part or all of a case as a matter of law.
Regardless of which party files the motion, the process is the same. The moving party must establish a prima facie case of entitlement to judgment …

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Defendants in medical malpractice cases often seek extensive information regarding the plaintiff’s medical history. Plaintiffs may find these requests intrusive. New York medical malpractice attorneys know that, although courts often allow defendants wide latitude in accessing a plaintiff’s records, plaintiffs may sometimes obtain a protective order to prevent defendants from accessing certain records. A New York court may issue a protective order to deny, limit, condition, or regulate any “disclosure device” “to prevent unreasonable annoyance, expense, embarrassment, disadvantage, or other …

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