Out-of-date legislation helps insurance companies, not families New York’s current law allows family members of a wrongful death victim to recover only their economic loss and an amount for the victim’s pain and suffering, if any. Therefore, if the victim was elderly and retired or too young to be working yet, there is arguably no economic loss to the victims. Furthermore, if the victim was killed instantly, for example, by a speeding drunk driver, there was arguably no pain and suffering. Thus, under the current law, the father, mother,...
How does New York define a serious injury?
New York is a no-fault auto insurance state. This means that if you get into an accident, you and the people in your vehicle should first look to your insurance to cover any "economic loss" related to injury, regardless of who caused the crash. However, there are exceptions to this rule, and victims have the right to sue for additional damages whenever they suffer a “serious injury.” Because serious injuries create an exception to the no-fault standards, it is important to understand how the state defines them. 9 types of serious injuries...
Proactive steps to stay safe while on the water
With warmer weather comes an increase in boating traffic on New York waterways. A year-and-a-half after the enactment of Brianna's Law, safety remains of paramount importance. A friendly reminder of responsible operating practices is important, particularly if it helps prevent deaths and injuries on the water. First and foremost, boaters should ensure that their paperwork is in order, including any mandatory safety certificates. Before the launch, boaters should also have safety gear and equipment, including life jackets, first aid kits and...
What is Brianna’s Law?
Brianna’s Law – named after an 11-year-old girl killed in a 2005 boating accident – took effect on the first day of 2020. The tragedy was considered entirely preventable had the operator possessed the most basic knowledge of boating safety. Boating accidents can take many forms. The U.S. Department of Homeland Security reports that the five most common include: Crashes with another recreational watercraft Collisions with an object, most commonly a dock Flooding or swamping Grounding Passengers falling overboard The certification process In...
Jury delivers $1.45 million verdict amid pandemic
There have been only a few civil jury trials conducted during the Pandemic in the eight counties of Western New York. I recently participated in one of those in New York State Supreme Court, Erie County, before Justice Frederick Marshall in Buffalo. I represented the Plaintiff in a medical malpractice case against a physician (OB/GYN) and her employer, General Physician, PC. My client was a 53-year-old Black woman who underwent a hysterectomy at Children’s Hospital in 2014 and, two weeks later, was diagnosed with a near fatal bowel...
What is my case worth?
One of the most frequent questions we get is when someone calls a matter of weeks or days after they were in a car crash with the question, “How much is my case worth?” Any good attorney should basically answer that question by saying something like, “It is impossible for me to even begin to answer your question without obtaining a great deal more information, some of which will take some time to obtain.” Who is liable for the crash? In order to determine what a case is worth, we want to know first, if there is a strong theory of liability...
New York’s wrongful death law is unfair and out of touch
New York is one of only a handful of states with a wrongful death statute that does not allow recovery for the suffering caused to family members over the tragic loss of their loved one. Nor does it compensate them for certain other kinds of non-economic damages. In New York, under current law, compensation for the wrongful death of a loved one is largely limited to financial losses rather than emotional ones suffered by the family. Family members can also seek damages for their loved one’s pain and suffering prior to death. For example,...
The lawyer you choose will have a direct impact on the outcome of your case
When it comes to personal injury claims, the attorney you choose to represent you makes a difference. Relatively few lawyers have actually taken cases to trial and obtained verdicts to force insurance companies to pay more money than they wanted to. The lawyers at do that on a regular basis. In fact, Colin Campbell recently received statewide recognition in the New York Law Journal for obtaining two of the highest verdicts in the state in 2019. Insurance firms are experts at weighing risks. Their knowledge and...
What you must prove to win a personal injury suit
When an attorney represents a client in court for a personal injury claim, there are a few key elements that they must prove in order to secure a recovery for their client. Existence of a legal duty First, the attorney must prove that the person who allegedly injured his or her client had a legal duty to do something, or to refrain from doing something. For a car crash scenario, this could be a duty to drive in a responsible and safe manner. For an on-the-job injury, the client’s boss had a duty to provide a safe work environment free of...
October is Long-term Residents’ Rights Month
There are national awareness days and months for just about anything these days, and for good reason. Some things are worth bringing peoples’ attention to. October, for example, is Long-term Residents’ Rights Month. Considering the current state of many nursing homes in New York and across the country right now, it certainly seems an appropriate time to talk about some of the struggles this vulnerable population is facing. According to The National Consumer Voice for Quality Long-Term Care, this year’s theme for Residents’ Rights Month is...
