Personal Injury

What Is Adult Protective Services (APS) and Who Do They Help in NYC? Quick Answer: Adult Protective Services (APS) in New York City helps adults aged 18 and older who are at risk of harm due to physical or mental impairments, and who are unable to protect themselves or have

What Are Structured Settlements and How Do They Work in NYC Personal Injury Cases? Quick Answer: In New York City personal injury cases, a structured settlement is an agreement where the defendant or their insurer pays the injured party (the plaintiff) a series of payments over time instead of a

What Is the Frye Standard and Why Does It Matter in New York Courts? Quick Answer: The Frye standard is a legal test used to determine the admissibility of scientific evidence in court, specifically focusing on whether the underlying methodology is “generally accepted” within the relevant scientific community. In New

What Is Joint and Several Liability in New York? Quick Answer: In New York, joint and several liability is a legal principle stating that when multiple parties are found responsible for causing harm, each party can be held liable for the full amount of the damages, regardless of their individual

What Does “Unlawful Search and Seizure” Mean in New York? Quick Answer: In New York, “unlawful search and seizure” refers to instances where law enforcement officers violate an individual’s Fourth Amendment constitutional rights. This typically occurs when a search of a person or property, or the seizure of a person

What Is a Bystander Emotional Distress Claim in New York? Quick Answer: In New York, a bystander emotional distress claim, also referred to as a “zone of danger” claim, provides a pathway for an individual to seek recovery for severe emotional suffering. This distress must be a direct result of

What Is a Pain and Suffering Multiplier in NYC Personal Injury Cases? Quick Answer: In NYC personal injury cases, a pain and suffering multiplier is a method used to calculate non-economic damages, specifically pain and suffering, by multiplying the economic damages (like medical bills and lost wages) by a factor

What Does Spoliation of Evidence Mean in a New York Lawsuit? Quick Answer: In New York personal injury cases, spoliation of evidence refers to the destruction, alteration, or loss of evidence that is relevant to a legal case. This can occur when a party with a duty to preserve evidence

What Is the Hearsay Rule in New York Personal Injury Cases? Quick Answer: In New York personal injury cases, the hearsay rule generally prohibits the use of out-of-court statements to prove the truth of the matter asserted. This means that if a witness is repeating something they heard from someone

What Is the Daubert Standard and Why Does It Matter in NYC Courts? Quick Answer: The Daubert Standard is a rule used by U.S. courts to determine the admissibility of expert witness testimony. It requires judges to act as “gatekeepers,” assessing whether the expert’s testimony is relevant and reliable before

What Is a Pain Journal and Why Is It Important After an Injury in NYC? Quick Answer: A pain journal is a consistent record of your physical and emotional state following an injury, documenting the pain, limitations, and how it affects your daily life. It can be a valuable tool

What Is a Residual Injury in a New York Personal Injury Case? Quick Answer: In New York personal injury cases, a residual injury refers to long-term or permanent physical impairments that persist even after reaching maximum medical improvement following an accident. These injuries can result in ongoing pain, limited mobility,

What Is a Reservation of Rights Letter in a Personal Injury Case? Quick Answer: A Reservation of Rights letter is a formal notification from an insurance company to its insured, stating that while they are investigating a claim, they may ultimately deny coverage based on the investigation’s findings. This letter

What Is a Cumulative Trauma Injury and How Does It Happen? Quick Answer: A cumulative trauma injury, also known as a cumulative injury or repetitive strain injury, is a work-related injury that develops gradually over time due to repetitive motions, prolonged awkward postures, or other ergonomic stressors in the workplace.

What Is a Vocational Expert and What Do They Do? Quick Answer: A Vocational Expert (VE) is a professional with specialized knowledge in vocational rehabilitation, counseling, and job market analysis, who provides expert opinions on a person’s ability to work, especially in the context of disability claims. They analyze a

What Is the Reasonable Person Standard in New York Personal Injury Cases? Quick Answer: In New York personal injury cases, the “reasonable person standard” is a legal test used to determine if someone acted negligently. It asks whether the defendant’s actions were what a reasonably careful person would have done

What Does the Term “Tortfeasor” Mean in NYC Personal Injury Cases? Quick Answer: In New York City personal injury cases, a tortfeasor is the individual or entity that has committed a wrongful act, resulting in injury or loss to another party. This wrongful act, known as a tort, can be

What Is Loss of Household Services in a New York Injury Claim? Quick Answer: In a New York personal injury claim, “loss of household services” refers to the financial value of the work a person can no longer perform around the house due to injuries sustained in an accident. This

What Are Hedonic Damages in NYC Personal Injury Cases? Quick Answer: In New York personal injury cases, hedonic damages refer to compensation for the loss of enjoyment of life resulting from an injury caused by another’s negligence. They are a type of non-economic damage, distinct from economic damages like medical

What Are Life Expectancy Tables and Why Do They Matter in New York Injury Cases? Quick Answer: In New York personal injury cases, life expectancy tables are statistical tools used to estimate how long a person is expected to live, particularly when dealing with permanent injuries. These tables, often based

What Does Maximum Medical Improvement (MMI) Mean in New York Injury Cases? Quick Answer: In New York personal injury cases, Maximum Medical Improvement (MMI) signifies the point where an injured person’s condition has stabilized and is unlikely to improve substantially with further medical treatment. It means the injured person has

What Is a Trial Subpoena in a New York Personal Injury Case? Quick Answer: A trial subpoena is a legal document, issued by a court or an officer of the court, that compels a person to appear in court to testify or produce documents or other evidence in a New

What Is Summary Judgment in a New York Personal Injury Case? Quick Answer: In New York personal injury cases, a summary judgment is a request for a judge to decide the case without a trial, based on the argument that there are no genuinely disputed facts that require a full

What Is a Motion in Limine in a New York Personal Injury Case? Quick Answer: In New York personal injury cases, a motion in limine is a pre-trial motion seeking to exclude certain evidence from being presented to the jury. These motions are typically filed before trial and aim to

What Is a Request for Admissions in a NYC Personal Injury Case? Quick Answer: In New York personal injury lawsuits, a Request for Admissions is a discovery tool used to simplify and streamline the legal process by having the opposing party confirm or deny specific statements of fact. This helps

What Does Preponderance of the Evidence Mean in a Civil Lawsuit? Quick Answer: In New York civil lawsuits, the term “preponderance of the evidence” refers to the standard of proof that the plaintiff must meet to win their case. It means the plaintiff needs to convince the judge or jury

Quick Answer: Voir dire is the jury selection process where lawyers and the judge ask potential jurors questions to make sure they can be fair. In a New York personal injury trial, this helps choose a jury that can decide the case without bias. Have you been injured in New

What Is a Medical Lien? Quick Answer: In New York, medical liens allow doctors or hospitals to claim part of your personal injury settlement to cover unpaid treatment. This means your final payout may be reduced to repay those medical bills before you receive any funds. How Do Medical Liens

What Is the Eggshell Skull Rule and How Does It Apply to Injury Victims? Quick Answer: The Eggshell Skull Rule means a person who causes an injury must take the victim as they are, even if the victim had a pre-existing condition. In New York, this rule holds the at-fault

What Is a 50-h Hearing in NYC? Quick Answer: A 50-h hearing is a legal interview the city or public agency can require after you file a claim for injury. It can affect your case because missing it may hurt your chance to sue or delay your case. For guidance

What Does “Standard of Care” Mean in Personal Injury Cases? Quick Answer: The standard of care in personal injury law means how a reasonably careful person would act in the same situation. In New York, it’s judged by what is normal or expected behavior for someone in that role, like

What Is the Statute of Limitations for Wrongful Death in New York? Quick Answer: In New York, the statute of limitations for filing a wrongful death claim is generally two years from the date of death. If you miss this deadline, you may lose the right to sue. If you

What Does “Assumption of Risk” Mean in New York Personal Injury Cases? Quick Answer: Assumption of risk means you accepted the known dangers of an activity. In New York, if this applies, it may limit or block your right to sue for injuries. If you have questions, you can reach

What Does Res Ipsa Loquitur Mean in a New York Personal Injury Case? Quick Answer: Res ipsa loquitur is a legal rule used when an injury likely wouldn’t happen unless someone was careless. In New York personal injury cases, it can help prove fault even without direct evidence. To learn

What Does Proximate Cause Mean in a New York Personal Injury Case? Quick Answer: Proximate cause means the injury was directly caused by someone’s actions and not by something unrelated. In New York personal injury cases, proving proximate cause is key to showing the other party is legally responsible. For

Can I Still Get Compensation if I Was Partly at Fault? Quick Answer: In New York, the law does not follow strict contributory negligence. Instead, the state uses a “pure comparative negligence” rule, meaning you can still recover compensation even if you were partly at fault for your injury, though

What Is Sovereign Immunity in New York Personal Injury Cases? Quick Answer: Sovereign immunity means you usually can’t sue the government without its permission. In New York, you can sue the state or city in certain cases—like for negligence or civil rights violations—if you follow special steps and tight deadlines.

What Is a Tort and How Does It Relate to Personal Injury Law? Quick Answer: A tort is a wrongful act that causes harm to another person. In New York, most personal injury cases—like car accidents, slips, or medical errors—are based on tort law. What Are the Different Types of

What Are Legal Remedies in a New York Personal Injury Case? Quick Answer: In New York personal injury law, a legal remedy is the method by which a court helps an injured person recover for harm caused by someone else’s negligence or wrongful conduct. The most common form of remedy

What Does Recklessness Mean in a New York Personal Injury Case? In a personal injury lawsuit, recklessness means someone acted with a blatant and conscious disregard for the safety of others. It goes beyond simple carelessness; it’s when someone knowingly puts others at serious risk, often showing a willful indifference

What Is Negligence in Personal Injury Law? Negligence in personal injury law means someone failed to act with the level of care that a reasonably careful person would use in a similar situation, and that failure caused harm to someone else. In short, it’s a violation of the legal duty

What Is Gross Negligence in New York? In New York, gross negligence refers to conduct that is far more serious than ordinary negligence. It involves a reckless disregard for the safety and rights of others—behavior that goes well beyond simple carelessness. This standard reflects a deliberate failure to exercise even

What Does “Duty to Mitigate” Mean in a NYC Personal Injury Case? Quick Answer: The duty to mitigate means an injured person must take reasonable steps to reduce their damages, like getting medical care or returning to work if possible. In a New York personal injury case, failing to do

Why Following Your Doctor’s Instructions Matters in Personal Injury Cases Quick Answer: Following your doctor’s instructions shows that you are taking your recovery seriously, which can support your injury claim in New York City. It helps prove your injuries are real and that you are doing your part to heal.

Why Immediate Medical Care Matters After an Accident Quick Answer: Getting medical care right after an accident in NYC is important to protect your health and document injuries. Early treatment helps identify hidden injuries and supports any legal claims you may have. Prompt care also shows insurance companies that your

What Are Requests for Production in Personal Injury Cases? Quick Answer: In personal injury cases, a Request for Production (RFP) is a formal legal demand for documents or other tangible evidence relevant to the case. This discovery tool allows one party to obtain materials held by another, helping to build

What Are Interrogatories in Personal Injury Cases? Quick Answer: Interrogatories are written questions one party sends to the other during a personal injury case to gather important facts. In New York City cases, they help both sides understand the details before trial. Answers must be truthful and are part of

What Is the Discovery Phase in Personal Injury Cases? Quick Answer: The discovery phase in personal injury cases is when both sides gather and exchange information about the accident and injuries. This process helps clarify facts and evidence before trial. In New York City, discovery can include written questions, document

What is Loss of Parental Guidance in Wrongful Death Cases? Quick Answer: Loss of parental guidance in personal injury cases refers to compensation for a child’s loss of a parent’s care, support, and guidance due to injury or death caused by someone else. In New York City, this claim helps

What Are Depositions in Personal Injury Cases? Quick Answer: Depositions in personal injury cases are sworn, out-of-court statements where witnesses or parties answer questions under oath. They help gather facts and clarify details before trial in New York City cases. This process allows both sides to prepare their arguments and