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Who Is Responsible If a Neighbor’s Tree Falls on Your Property?

Posted on: January 18th, 2019

Snow covered tree against a blue skyWith the winter season upon us, trees often become heavy with snow and ice, sometimes causing large limbs to snap and fall to the ground. With high winds and heavy snow, entire trees may topple over.

But what happens when a property owner’s tree or limb falls in some else’s yard, and causes damage to personal property, such as a home or car? Who is responsible for those repairs?

If a neighbor’s tree falls in your yard, you might expect that the neighbor is responsible.  However, that is not necessarily true. (more…)

Common Winter Driving Hazards & Tips for Avoiding Them

Posted on: January 8th, 2019

Winter driving conditions on divided highwayWith the winter season upon us, we are reminded of the unique challenges that face drivers in the Northeast. Unfortunately, many drivers either forget or ignore the effects of snow and ice on roads. Their failure to adapt to winter driving conditions can lead to rear-end collisions, “spin outs,” or skidding into other lanes or off the road. This January 3, 2015 video from Albany’s WTEN news station clearly illustrates what happens when drivers forget or ignore winter driving tips.

Even in perfect conditions and dry roads, a typical car traveling at 65 mph requires nearly 350 feet of stopping distance, which is longer than the length of a football field. However, that stopping distance is significantly impacted by slippery road conditions.

When calculating stopping distance, one considers the “coefficient of friction” between tires and the road. Factors such as icy roads and “bald” tires can dramatically increase drivers’ ability to stop. Other factors such as low visibility and distraction affect drivers’ reaction time, and will also increase stopping time. (more…)

Slip and Fall Injuries In The Workplace

Posted on: December 20th, 2018

yellow caution sign in an office entryway with a wet floor and a mop in the backgroundSlip and fall accidents are unfortunately common, and they can happen anyplace, anytime.

Floors wet from mopping and snowmelt, as well as icy parking lots and other common conditions can be serious accidents waiting to happen. Fall-related injuries are often surprisingly serious, oftentimes including complex fractures requiring major surgery. These injuries can cause major suffering and can put you out of work for an extended period of time, while your recovery can cost you a significant amount in medical bills.

So what happens if one of these slip and fall injuries occurs in the workplace? We break down the options you have when it comes to recovering from a slip and fall accident that occurred during the course and scope of employment.  (more…)

Documents and Materials Your Attorney Will Need to Pursue Your Personal Injury Claim

Posted on: December 6th, 2018

Client handing over documents a lawyer needs to pursue a personal injury casePursuing a claim for personal injuries is very much a collaborative effort. You and your attorney will be working closely together throughout the case. As a result, at the very inception of the case, it will be important for you to not only tell your attorney anything and everything about the claim, but also to provide your attorney critical information in your possession.

Much of the information your lawyer will need to pursue your claim successfully is in your sole possession and control. To ensure that it is not lost or deleted, it is important to collect this information and provide it to your attorney as early as your first consultation. (more…)

Slip and Falls on Ice & Snow: Steps to Take Following a Snow-Related Injury

Posted on: November 26th, 2018

Man has a slip and fall accident on a icy Street“No animal, according to the rules of animal-etiquette, is ever expected to do anything strenuous, or heroic, or even moderately active during the off-season of winter.” Kenneth Grahame, The Wind in the Willows

If you are living in the Northeast and you are not someone who loves skiing, snowboarding, snowshoeing, ice fishing, sledding etc. it may be tempting to hibernate this season away. However, the reality is that snow and ice are a part of winter, and therefore, a part of our lives for several months out of the year.

As beautiful as it may be, snow and ice can cause major headaches and lead to significant injuries, one example being a slip and fall on ice and/or snow.  While inclement weather is a part of our lives here in Upstate New York, that does not mean you have no legal recourse if you suffer a slip and fall.

Steps to Take After a Slip and Fall Accident on Ice or Snow

Here are some important things to keep in mind if you are injured as a result of a slip and fall due to snow, ice, or some other weather related condition. (more…)

Will My Personal Injury Case Go To Trial?

Posted on: November 15th, 2018

gavel on a courtroom table in front of a bookClients frequently ask whether their claim will one day end up in a courtroom, before a judge and jury. Many clients are understandably nervous over that prospect.

If you watch legal shows on TV, you may have the perception that every single claim ends up in the courtroom. However, “fiction is stranger than truth.” In reality, very few claims actually end up going all the way to trial. An oft-cited statistic is that less than five percent of all total claims actually end up in the courtroom.

So what happens to the rest? (more…)

Practical Advice for Testifying at A Deposition

Posted on: November 5th, 2018

Conference Room Where a Pre Trial Deposition Will Take PlaceAs a participant in a lawsuit, you are required to provide testimony at a deposition (also often called an “Examination Before Trial”). Depositions are traditionally conducted in an attorney’s conference room, and involve only the parties, their attorneys, and a court reporter. At this stage, there is no judge or jury present.

The purpose of the deposition is simply to explore what the witness may know about the claims. Although the atmosphere may seem casual and informal, witnesses need to be aware that this is sworn testimony, provided under oath. Anything said can be used at any later stage of the litigation, by any party, and for virtually any reason.

As a result, it is very important to ensure that your testimony is clear and accurate. We offer the following suggestions to ensure the best outcome from your testimony: (more…)

Why You Should Always Report a NY Car Accident

Posted on: October 29th, 2018

Two men looking at the damage to their car bumpers after a fender benderMost NY automobile accidents initially do not appear to be severe. In a simple “fender bender” that causes seemingly minimal damage to vehicles and no evident injuries, your initial instinct may be to not report the accident to the police or an insurance carrier. Perhaps the responsible driver may suggest, “Lets deal with this ourselves…” or “There’s no need to get insurance involved…”

You may not be legally required to report the car accident, but there are a number of reasons why it is always a good idea to report a NY car accident you’ve been involved in – and there may be significant repercussions if you fail to do so. (more…)

Steps to Take After a Dog Bite Injury

Posted on: October 19th, 2018

Dog that may cause a dog bite injuryDog attacks often result in serious injuries. They can also be incredibly traumatizing, leaving victims feeling frazzled in the immediate aftermath and long afterwards.

Unfortunately, dog bite injuries are more common than you might think. Though most dogs you meet on a daily basis are friendly and well behaved, some are not. And even the best behaved pets can be unpredictable and skittish at times, which may lead them to become more aggressive and inspire them to bite.

As a result, it’s important to know what to do if you find yourself in a situation where you or a loved one has been attacked or bitten by a dog.  (more…)

Understanding New York State’s SUM Insurance

Posted on: October 9th, 2018

SUM Insurance policy in a folder on a table with a jar of coinsAs most people know, drivers are statutorily required to maintain liability insurance on their automobiles, to provide protection to injured parties in the event of a car accident. In New York State, drivers are only required to obtain minimum policy limits of  $25,000/$50,000, which provides $25,000 in coverage for injuries to one person, and $50,000 for injuries to all persons injured in the accident.

However, the value of the injuries often far exceeds the available policy limits. Jury verdicts for most physical injuries alone exceed those sums, and economic losses can potentially be very significant. That’s where Supplemental Underinsured Motorist, otherwise known as SUM Coverage, comes in handy. (more…)

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