The New York Personal Injury Blog

Personal Injury Law and Process in New York

Personal Injury Law and Process refers to all the things that make up a personal injury lawsuit. This can include everything from what time limits there are; to filing various types of claims; to what sort of judgments have been awarded recently in the New York courts; to national trends in personal injury law. One of the big changes in personal injury over the past few decades has been the emergence of stricter caps on damages.

Finally, sometimes there are high profile national personal injury cases that might have a local impact. These are also covered in personal injury law and process. For a more in-depth version of this conversation, you should consider meeting with a New York Personal Injury Attorney who can help you protect your rights and pursue your claims.


Recently in Personal Injury Law and Process Category

New York Sports Club Members Sue for Harassment

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You may know that companies can be sued for sexual harassment when they allow employees to harass other employees. However, you may not know that companies can also be sued when they allow employees to harass customers.

In the New York Sports Club lawsuit, the gym is being sued by two members who claim that a female employee barged into the men’s locker room and ordered the customers out. The customers were in varying stages of undress and the female employee allegedly would not leave and let them dress in peace, reports the New York Post.

NY DJ Jonathan Toubin Critically Injured By Cab, In Bed

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New York City disc jockey Jonathon Toubin was critically injured while performing a gig in Portland, Oregon. However, Toubin’s injury is not something that a New York City workers’ compensation lawyer will likely handle.

Instead, the popular New York DJ better known as New York Night Train was injured while he was still in bed, when a taxi cab flew through a hotel window and landed on top of him.

Black Friday Safety Tips

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Who would want to go shopping on Black Friday? Who would want to lineup on Thanksgiving night in a cold parking lot to start shopping when the clock strikes midnight? Well, given the deals that many stores are offering, maybe you'd be crazy not to join the shopping frenzy.

But as plenty of people have been injured (and even killed) by the mobs of people that gather to take advantage of the early deals, you will want to keep the following Black Friday safety tips in mind.

2 New York City Triathlon Deaths May Spark Changes

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Two triathletes recently died at the New York City Triathlon. Both triathlon deaths occurred in the open water swimming portion of the event, the most dangerous leg of a triathlon, and the deaths may spark changes to how triathlons are run and organized.

A typical triathlon involves a 1.5 km swim, 40 km bike ride, and 5 km run in succession. These endurance events had been the domain of elite athletes, but in recent years weekend warriors and other in-shape office workers have been tackling the triathlon -- leading to crowds, injuries, and even deaths -- reports The New York Times.

The Lamar Odom car accident in Queens resulted in the death of a 15-year old boy. And according to reports, onlookers were more interested in the Los Angeles Lakers' forward than they were in helping the dying teenager, Awsaf Islam.

The New York Daily News reports that a motorcycle hit the front bumper of a Cadillac Escalade carrying Odom. The motorcycle then spun out of control and struck Islam who was riding a scooter. Islam died shortly thereafter.

Chinese gymnast Sang Lan reached a $10 million settlement with several insurance companies thirteen years after her gymnastics accident at the 1998 Goodwill Games in New York.

According to the Examiner, Lan was paralyzed during warm-ups as she propelled herself off a vault. Apparently, Lan had run up to the vault where she performed some routine maneuvers. But Lan misjudged her timing on the landing and fell on her head.

Starbucks Accuses Riffat Qureshi Of False Injury Complaint

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Pennsylvania resident Riffat Qureshi filed an injury complaint in Manhattan’s federal court, claiming she suffered injuries at a Starbucks in New York City in 2006. According to CBS News, Qureshi contended that a scalding cup of tea spilled on her and burned her stomach after a barista slid her drink across the counter and yelled, “Catch the cup.”

But Starbucks has accused Qureshi of actually making bogus claims and faking her injuries from the alleged incident, according to the New York Post. The PA local now faces fraud allegations as the company contends that Qureshi’s physician testified that he had diagnosed her with having a skin rash and infection.

New York Appeals Court Reduces Gloria Aguilar's Jury Award

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Manhattan housekeeper Gloria Aguilar had her original jury award of $27.5 million from her personal injury case now reduced to $18 million by a New York state appeals court. The Appellate Division stated that the Manhattan jury’s payout was actually skewed and incorrect due to an error found on the verdict sheet.

According to the New York Daily News, Aguilar was coming home from her job in Queens when a New York City transit bus struck her while making a turn from 50th Street onto 10th Avenue. Aguilar, a mother of three, ended up losing the lower part of her left leg and also has a paralyzed right leg from the November 2005 accident, leaving her wheel-chair bound.

Manhattan Judge Decides 4-Year-Old Can Be Sued

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A suit was filed against a young girl for running down an elderly woman while racing a bike with training wheels. The New York Times reported Paul Wooten, the Manhattan State Supreme Court Judge for the case, ruled that the little girl could be sued for negligence. Wooten allowed the lawsuit against the girl, another young boy, and their parents to move forward even though he did not find the young girl accountable.

4-year-olds Juliet Breitman and Jacob Kohn raced their bicycles on East 52nd Street on the sidewalk of a building while under their mothers' supervision. At some point during the race, the two children hit Claire Menagh, 87, as she walked in front of the building. Claire Menagh was "seriously and severely injured" after she was struck and suffered a hip fracture that called for surgery.

Victims Of 9/11 Still Decide On Taking Settlement Offer

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The deadline awaits the forgotten victims of 9/11 in deciding whether or not to accept a settlement offer in lawsuits against the city. The lawsuits are against approximately 100 Ground Zero contractors, the Port Authority along with the City of New York. The NY personal injury lawyers of the 9/11 victims and World Trade Center responders said almost 75 percent of the 10,000 claimants agreed to accept allocated portions of a recovery fund that may come to as much as $760 million.

95 percent of claimants must agree to the offer for the deal to take place, but some plaintiffs are still undecided on accepting the proposal. According to the New York Daily News, the probability of getting more than the offered amount in the settlement isn't likely; since the money will be coming from Congress' insurance fund established after 9/11.