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THE NEED FOR EXPERT PROOF – Part II: Using Experts To Prove Who Caused Your Car Accident

Posted on: June 23rd, 2014

If you are injured in a car accident and there is a dispute about how the accident happened, an expert accident reconstructionist can help prove that the other driver was at fault.  Using evidence such as damage to the vehicles, the vehicles’ position after the accident, and skid-marks or gouges in the roadway, a reconstructionist can help prove your case.

This type of expert generally takes the evidence from your case, along with data from the automotive industry, and uses laws of physics (and sometimes computer generated simulators) to prove how the accident actually happened.

The attorneys at Maynard O’Connor have litigated many cases with the assistance of accident reconstruction experts, and can prove how your accident happened and why the other driver is at fault.  Please contact the personal injury attorneys at Maynard, O’Connor to discuss your claim in a free consultation. Call us Toll Free at (800) 721-3553 or email us for a free consultation.

In case you missed Part I, please visit the following link: The Need for Expert Proof.

THE NEED FOR EXPERT PROOF – Part I: Utilizing Experts in Trip & Fall Cases

Posted on: June 16th, 2014

In order to win some personal injury cases, an expert witness may be needed.  If you trip and fall due to a dangerous condition, an expert can be useful to prove that the condition is dangerous and caused your fall.

Dangerous conditions in public places include high or irregularly placed steps, uneven sidewalks, potholes, improper drainage, or collapsing decks and railings.  An expert professional engineer helps investigate claims by visiting the site of your accident, and inspecting the conditions that caused your fall.  At the time of trial, this expert will testify that those conditions were dangerous.  This helps us prove your case by demonstrating how the owner was negligent in constructing or maintaining their property.

Expert engineers take photographs and measurements to determine the exact specifications of the condition that caused your fall.  They then apply safety standards, such as the Building Code of the State of New York, or the Property Maintenance Code, to show that the owner failed to construct or maintain their property correctly.

The attorneys at Maynard O’Connor have working relationships with the experts needed to win trip and fall cases.  Please call the personal injury attorneys at Maynard, O’Connor to discuss your claim in a free consultation.

Interested in learning more about how expert proof is used in personal injury cases? Read:

Maynard Injury Law Successful in a Fatal Pedestrian Accident

Posted on: June 9th, 2014

Attorney Alexander Stabinski of Maynard Injury Law recently settled a matter on behalf of the estate of an elderly gentleman who was hit by a car as he crossed a busy two-lane thoroughfare. Attorney Stabinski was able to secure a $225,000 settlement despite a report from the Highway Patrol that found that the driver was not at fault.

Robert Rausch Speaks at Albany Law School Graduation

Posted on: June 2nd, 2014

Albany Law School held its 163rd commencement on May 16, 2014 at the Saratoga Performing Arts Center, with approximately 200 students receiving their legal degree.  The keynote speech was provided by Tom Vilsack ’75, the U.S. Secretary of Agriculture and a former two-term governor of Iowa.  Honorary degrees were awarded to Hon. Sheila Abdus-Salaam and the Hon. Jenny Rivera, associate judges on the New York State Court of Appeals, and Dean Penelope Andrews provided David Schraver, the president of the New York State Bar Association, with the Dean’s Medal.

In addition, Rob Rausch, the President of the National Alumni Association, made brief comments welcoming the Class of 2014 as Albany Law School’s newest alumni.  Rob encouraged the graduates to participate in law school activities and to strive to always maintain a good reputation in the legal community.

Firm Successful in Trip and Fall Claim

Posted on: May 19th, 2014

The firm was recently successful in prosecution of a claim against a resort in Greene County.

As the plaintiff was preparing to cross the road, from the resort’s parking lot to main building, she stumbled into a depression in the parking lot that had been caused by cracked and broken pavement. As a result, she sustained a significant fracture of her foot and ankle. The firm maintained that the resort had actual or constructive notice of the dangerous condition, particularly in light of the extent of the deterioration. The firm also maintained that the area was poorly lit, which only enhanced the dangers of the condition.

Rather than defending the case, the resort’s carrier ultimately agreed to settle the claim, without the need to proceed with formal litigation.

If you or a loved one have been injured due to defective and dangerous conditions on another’s property, you may be entitled to compensation. Please call the personal injury attorneys at Maynard, O’Connor to discuss your claim in a free consultation.

General Motors Recalls 1.6 Million Vehicles: Defective Ignition Switch

Posted on: May 5th, 2014

General Motors is currently attempting to counter bad publicity stemming from a recent recall of 1.6 million compact cars with a potentially deadly ignition switch.

The weight of a key ring on certain GM models causes the car to shift from “run” to “accessory” or “off.”  That shuts down the engine and also disables air bags, power brakes and power-assisted steering in the vehicle.

Clearly, this may cause the driver to lose control of the vehicle.  GM has acknowledged that it knew about the problem for at least a decade, but did not start recalling cars until mid – February 2014. GM has recalled 1.6 million vehicles globally, including 2005-07 Cobalts and 2003-07 Saturn Ions, Pontiac G5s, Pontiac Solstices and Chevrolet HHRs.

Despite the recall, GM has assured consumers that the compact cars are safe, as long as they remove everything from their key rings. A Texas law firm is disputing GM’s contention that the cars are safe to drive if weight is removed from the key rings.  The firm filed a federal court lawsuit asking a judge to order GM to tell customers to park the cars until they are repaired.  In the meantime, GM has told dealers to offer loaner cars to drivers until the repairs can be made.  It has received 9,000 requests for cars and has granted several thousand requests.

Consumers affected by the recall should immediately see their dealer for repairs. Consumers who were injured, or lost a loved one, due to the defective ignition switch in these cars should speak with a knowledgeable personal injury attorney. Call 800-721-3553 for a free consultation from one of the experienced lawyers at Maynard, O’Connor, Smith & Catalinotto.

 

What if the Negligent Person is Broke? Personal Injury Legal Matters

Posted on: April 28th, 2014

The title of this post poses an interesting question. What if the person whom hurt you, due to their negligence, doesn’t have personal assets to pay for your pain and suffering? Will you ever get paid? Will you cause another’s financial ruin?

Some people are hesitant to even pursue a lawsuit if they fear that bringing a lawsuit might cause the negligent person financial strife. While these concerns are legitimate, they maybe unnecessary. In many cases, the person carries insurance, which protects him or her financially in these situations.

Auto Accidents: You probably know that New York State is a no-fault auto insurance state. That means that most drivers have car insurance, which provides at least a minimum amount of coverage for to pay for the pain and suffering of another caused by the insured driver’s negligence. If the driver is uninsured or leaves the scene of the accident, New York State my also provide relief through the Motor Vehicle Accident Indemnification Corporation (MVAIC).  Additionally, your own automobile insurance policy might have additional supplemental under-insured motorist coverage (SUM) or an uninsured motorist (UM) coverage, which would provide more coverage for you in the event of an automobile accident caused by another’s negligence.

Other Negligence: People’s homeowners and renters insurance policies also provide coverage for personal injury caused by a person. In most cases, the coverage these policies provide is limited to those accidents which occur in the person’s home or apartment. Some people also have policies called “umbrella coverage”, which provides additional coverage beyond an individual homeowners or renters policy and his or her auto policy.

Finally, if the situation warrants, a it may be necessary to go after an individual’s personal assets. Only by bringing a lawsuit can you find out what an individual’s assets really are.

Regardless, your worries about whether the person who injured you can pay for your damages, are not those you have to face alone. Call the personal injury lawyers at Manyard OConner. Let us evaluate your case, for free. We will handle the hard work and explore what sources are available to compensate you for your injuries. Call 800-721-3553 to schedule a free consultation.

 Additional Reading:

Beyond No-Fault | MVAIC: Uninsured & Injured in an Auto Accident

Clock’s Ticking (Part 2): Notice of Claim

Posted on: April 21st, 2014

We have previously discussed the dangers of missing the statue of limitations here. Another important time requirement is the concept of the Notice of Claim.

You may have heard the expression “governmental immunity.” The notice of claim requirement is derived from that concept. The governments “immunity” from lawsuits means that suing the government is more difficult than sitting a private individual. In order to sue the government, you, the claimant, must put the government entity I notice that your injury has occurred, and that you might be suing. However, you have a very limited time to do so. New York State has a notice of claim statute, which requires that notice of claim be given to the government entity within 90 days of the incident.

For purposes of the notice of claim, the term government is rather broad. Government, in this case, includes all local and state governmental employees working in their capacity as government employees, local and state owned property, and any employees of governmental agencies and property that those agencies own.

Sometimes, it’s clear whether your claim involves a claim against the government. But other times it’s not. Did you know that the MTA, the group that runs the subway system in and around New York City is a state agency? The Saratoga race tracks are owned by a state agency. Even Gore Mountain is actually owned by the state.

But there’s no need to worry; you don’t need to figure this out but on your own. You can call us. We are here to help you and can identify whether the responsible party is actually a municipal entity. We offer free consultations, and will handle serving the notice of claim for you. If you were injured, do not hesitate—call us right away.

You may also want to check out some other places on the blog where we analyzed about notice requirements. A discussion about the requirement of notifying insurance companies can be found here. A post regarding filing a notice of claim you are in an accident involving uninsured motorist or struck in a hit-and-run can be found here.

 

 

 

Danger of missing the statue of limitationsBeyond No-Fault| MVAIC: Uninsured & Injured in an Auto Accident,

The Clock Is Ticking (Part 1): Statute of Limitations

Posted on: April 14th, 2014

No doubt you’ve heard of the statute of limitations. The statute of limitations limits the time in which you can sue somebody. Most personal injury actions have a three-year or shorter statute of limitations.

Calculating the statute of limitations, and certain cases, can be tricky. If you calculate wrong, you won’t be able to recover from the individual who hurt you.

Your best bet, if you’re injured by the negligence of another person, is to call us as soon as possible. We will offer you a free consultation of your case. And we will figure out when the statute of limitations expires. We will be our advisers.

Also, be aware that if you were injured on property owned by local, state, or federal government, or a government agency, or by a government employee, there are even shorter time requirements you have to meet. Look out for a future post on the “notice of claim” for further explaination. In any case, call us as soon as you can. We are here to help.

Does Assumed Risk of Injury When Engaging In Sports Or Recreational Activities Apply to All Risks and Injuries?

Posted on: April 7th, 2014

Golfer getting ready to hit the golf ballMost individuals would assume (correctly) that, when engaging in a sport or recreational activity, he/she consents to certain risks inherent to that activity.

For example, when playing golf, one generally assumes the risk of being hit by an errant golf ball. While everyone wishes they were Tiger Woods, the vast majority of golfers are more like Al Czervik. If you have been playing golf for any amount of time, you have either been hit, come close to being hit or seen someone else be hit with a golf ball.

Even if another golfer fails to warn you that they are about to hit a shot and accidentally injures you with a “shanked” shot, New York courts generally will not hold that person liable for your injuries because this is a commonly appreciated risk of the game. However, this does not mean all risks of golfing, and other sport and recreational activities are assumed by the participant. (more…)

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