At long last, New York’s “wrongful death” law may be changed to allow family members and loved ones of those killed by another person’s negligence to recover money damages for the grief and anguish of the survivors. Both the New York Senate and Assembly have passed a bill known as the “Grieving Families Act”, and the legislation now awaits the signature of Governor Kathy Hochul to become law. New York law has always limited recoverable damages in [...]
For some New Yorkers, the onset of summer weather means a return to favorite sporting activities, especially golf. Under New York law, persons who participate in sports and recreational activities assume the risk of getting hurt while doing so. But there is an exception to that rule which recently worked to the benefit of a golfer in Buffalo.
In the case Krych v. Bredenberg, decided on May 3, 2019, the Appellate Division of New York Supreme Court, Fourth Department (based in [...]
For some New Yorkers injured in auto accidents, the emotional impact of the crash can be worse than physical injuries like broken bones. Now, a New York appellate court has ruled that Post-Traumatic Stress Disorder (“PTSD”) caused by an auto accident can be diagnosed by a non-doctor.
In the case Vergine v. Phillips, decided on December 20, 2018, the Appellate Division of New York Supreme Court, Third Department (based in Albany), reinstated a lawsuit [...]
Imagine you are texting a friend, and you know your friend is driving a car while responding to your text messages. Your friend causes a car crash and injures the other driver. Can you be held responsible for the other driver’s injuries because your text messages may have distracted your friend and caused the accident?
A New York appeals court recently considered that very question, and ruled that the person who texted the driver (who then caused the accident) cannot be held [...]
Unfortunately, no matter how experienced a driver is, car accidents are bound to happen. Though emotions are often high immediately following an accident, it is important to remain calm and remember the steps you need to take not only for your health and safety, but for your future financial security, as well. If you plan to file an insurance claim, or a lawsuit for damages, make sure that you:
1) Remain at the Scene: Even if you have somewhere to be, it is crucial that you [...]