Personal Injury

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: Requests for Production (RFPs), sometimes called document requests, in personal injury cases are formal written demands for documents, electronically stored information (ESI), or other tangible items related to the injury. These documents help both sides gather evidence to support

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

How to Write a Settlement Demand Letter Quick Answer: When writing a settlement demand letter in New York City, clearly outline the facts of your case, detail your injuries and damages, and specify the compensation you seek. Include supporting documentation and maintain a professional, concise tone throughout. What Is a

What Does “Pecuniary Loss” Mean in a Wrongful Death Lawsuit? Quick Answer: In a New York wrongful death lawsuit, “pecuniary loss” refers to the financial damages suffered by surviving family members due to the death of a loved one, including lost income, loss of support, funeral expenses, and the economic

What is a Letter of Protection? Quick Answer: A Letter of Protection (LOP) is a document provided by a personal injury attorney in New York City, assuring medical providers that their bills will be paid from the settlement or judgment obtained in a client’s personal injury case. This allows injured

What does No Win No Fee actually mean? Quick Answer: A “No Win, No Fee” agreement means you don’t pay any legal fees unless your lawyer wins your case. If you lose, you owe nothing—but if you win, a portion of your settlement typically goes toward covering legal costs. It’s

What Is Driver Negligence and How Does It Lead to Accidents? Quick Answer: Driver negligence occurs when a driver fails to act with the level of care that a reasonable person would exercise under similar circumstances. This can include behaviors such distracted driving or speeding which often leads to accidents

What are the Three Elements of Standing to Sue? Quick Answer: To have standing to sue, a person must meet three basic elements: Element Description Injury-in-Fact A concrete and actual (or imminent) harm has occurred to the plaintiff. Causation A clear connection exists between the harm and the defendant’s conduct.

What Is Failure to Warn in Personal Injury Cases? Quick Answer: Failure to warn in personal injury cases happens when a company or person does not give proper safety information about a product or situation. This lack of warning can lead to injuries if people are unaware of the risks.

What Are Damages in Personal Injury Cases? Quick Answer: Damages in personal injury cases are the money awarded to a person hurt by someone else’s carelessness. These damages cover medical bills, lost wages, pain, and suffering. In New York City, damages help victims recover financially after an injury. Types of

What Is Causation in Personal Injury Cases? Quick Answer: Causation in personal injury cases means showing that the defendant’s actions directly caused your injury. In New York City, you must prove both that the defendant was negligent and that this negligence led to your harm. Without causation, you cannot recover

What is Absolute Liability? Quick Answer: Absolute liability means a person or entity can be held legally responsible for damages regardless of fault or intent. In personal injury cases, this often applies to inherently dangerous activities—like using explosives or keeping wild animals—where safety risks are so high that liability is

What is Vicarious Liability for Personal Injuries? Quick Answer: Vicarious liability is a legal principle that holds one party responsible for the actions of another. In personal injury cases, this often means an employer can be held liable for injuries caused by an employee acting within the scope of their

How Do You Preserve Evidence After an Accident? Quick Answer: After an accident in NYC, immediately preserving all relevant evidence is critical. This includes taking photos and videos, securing physical items, gathering witness details, and keeping all related documents like medical records and incident reports. Prompt evidence preservation strengthens your

How Do You Report Your Injury to the Appropriate Parties in New York? Quick Answer: After an injury in NYC, it’s crucial to promptly report the incident to the relevant parties, whether it’s the police, your employer, or a property owner. Doing so protects your rights and initiates the formal

Choosing the Right Personal Injury Lawyer Quick Answer: Choosing the right personal injury lawyer in NYC involves considering their experience with similar cases, understanding of local laws, and commitment to client communication and support. Contact The Orlow Firm at (646) 647-3398 to discuss your case with a dedicated attorney. Key

What Not to Say to Insurance After a Car Accident Quick Answer: After a car accident, avoid admitting fault, speculating about injuries, or providing recorded statements to insurance companies without consulting a lawyer, as these can impact your claim. Contact The Orlow Firm at (646) 647-3398 for guidance tailored to

Steps to File a Personal Injury Claim Quick Answer: To file a personal injury claim in New York City, begin by seeking medical attention and documenting your injuries, then gather evidence such as photos and witness statements, and finally, consult with a personal injury attorney to help navigate the legal

Can I Still File a Claim If I Didn’t Report the Accident Immediately? Quick Answer: In New York City, you may still be able to file a personal injury claim even if you didn’t report the accident immediately, but it’s crucial to act quickly and gather evidence to support your

What Is the Statute of Limitations for Personal Injury Claims in NYC? In New York, the statute of limitations for most personal injury claims is three years from the date the injury occurred. This means you generally have three years to start a lawsuit, or you risk losing your right