New York Personal Injury Lawyer Blog

In a previous blog post, we discussed the definition of negligence.  More often than not, negligence arises when a party acts without reasonable care.  Negligence can also be demonstrated, however, by a party’s failure to act.
What is Duty to Act
Under certain conditions, a party can be held liable for injuries sustained by the fact that he or she should …

With Age, and Updated Regulations, Comes Trust
One of the oldest businesses in the United States is the Seaside Inn in Kennebunk Beach, Maine.  Their website touts Nine Generations, and according to Wikipedia, they are the 6th oldest business and the oldest hotel in the United States having opened in 1667.
This is a family owned business that has seen a lot …

A Tragic Accident in Schoharie, New York
On October 6th, 2018, a stretch limousine crashed just north of Schoharie, New York killing 20 people, including the driver, all 17 people in the limo and 2 pedestrians.  The New York State Department of Transportation had known about the issues with the car, previously ordering the car to be removed from service.  The owner did …

The Metropolitan Transportation Authority, the parent of the Long Island Rail Road, had announced that the reason that their on-time performance is suffering and why there are significant safety concerns is that they do not have enough cars to meet the demand of ridership on Long Island.
This announcement is quite the admission from the higher-ups at the MTA and LIRR. This disclosure …

On February 25, 2015, Marc S. Albert was interviewed by PIX 11 correspondent Kirstin Cole at the PIX 11 News studio. The format of the interview was a Q&A in which PIX 11 viewers could send in questions for Mr. Albert on a variety of subjects in personal injury and medical malpractice law. The viewership response was overwhelming and some well thought out questions were posed to Mr. Albert.
A twenty minute segment was run by PIX 11 under the heading …

Our increased reliance on handheld electronic devices in recent years has resulted in more ways for drivers to be distracted than ever before. These distractions present a growing danger to other drivers and passengers on the road. According to a study conducted by the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute, distracted driving has become the leading factor in most car accidents throughout the country.
Anything that takes your focus away from the road and the …

Nerve damage caused by a spinal cord injury can have catastrophic, life-altering consequences. One potential issue that often results from nerve damage is paralysis, a loss of function of one or more muscle groups. In many instances paralysis is permanent, requiring a lifetime of daily care for the victim.
Some of the most common causes of nerve damage that may lead to paralysis include:

Car accidents
Slip and fall accidents
Sports injuries
Pinched nerve damage
Herniated disc
Spinal cord injury

The costs associated with medical care after paralysis …

If you have been injured due to the negligent actions of another, you may be entitled to receive compensation for your damages in a personal injury lawsuit. In order to build a strong case that achieves a successful outcome, you must be able to prove four essential elements:

Duty of care – Your personal injury lawyer must be able to demonstrate that the person responsible for your injuries owed you a duty of care. This can be as simple as the …

Forklifts are commonly used at construction sites, warehouses, and other industrial workplaces. They are also one of the most dangerous pieces of equipment found at these work sites. Forklift accidents can result in catastrophic injuries for both forklift operators and other workers who are involved in the accident.
There are many different causes of forklift accidents. Some of the most common include:

Inadequate training of forklift drivers
Poor communication with others working around the forklift
Loads falling off of the forklift
Improper forklift maintenance
Forklift tipping …

The aftermath of a violent crime can be overwhelming for the victim. The emotional and psychological trauma, medical expenses, and lost wages as you recover from your injuries can take their toll on you and your family. Fortunately, New York State law affords you certain rights and protections, and you may be entitled to recover compensation after being the victim of a violent crime.
In 1966, the New York State Office of Victim Services (OVS) was established to provide victims of …