There is something in the common law of contracts called the Statute of Frauds This requirement of the law has a long history that has developed over time. It is a requirement that some agreements must be memorialized by a writing. Here are examples of agreements that must have a writing and I am being brief … Continued
Basic principles of negligence involving claims for personal injury So many people who are injured wonder if they have a case. There is no blanket answer to this question, as each case is fact specific, and it is important to speak to a lawyer. In New York State, we have a large body of law … Continued
The most important consideration for a Judge is to determine if evidence is relevant What makes a fact relevant if it tends to prove a fact that is substantive of the truth of a case and necessary to the black letter law. Also facts tend to impeach or support the credibility of a witness. This … Continued
What is a declaratory judgement? A declaratory judgment in a personal injury action bought by an insurance company or an insured, to determine the rights and obligations of the parties when someone is injured in a personal injury case. For example, if there is a trip and fall in front of a home, and the … Continued
Ok so you put your personal injury or medical malpractice case into a law suit Your lawyer tells you to come to his office so you can sign authorizations for those records. He starts to go over the list of doctors who have treated you. You hesitate… he is asking you to sign dozens of Court Authorized … Continued
There is one case which I have been working long and hard to bring to a jury. This is the case of Zoran Teodorovic. Mr. Teodorovic was a homeless man who was jailed in Valhalla Jail in Westchester County New York for a trespassing charge. While in jail he was alleged to be noncompliant, which … Continued
Many people are not aware that to commence an action against the City of New York or any municipality within the State of New York, you have to file a notice of claim A notice of claim is not the commencement of an action in Court, such as with the service of a Summons and … Continued
At this point, you may have tried to settle your personal injury case and it was not successful. So your attorney has given you a tentative trial date. He may tell you that on this date he will be called to pick a jury. And he tells you that he wants you there in case … Continued
There is one case which I have been working long and hard to bring to a jury. This is the case of Zoran Teodorovic. Mr. Teodorovic was a homeless man who was jailed in Valhalla Jail in Westchester County New York for a trespassing charge. While in jail he was alleged to be noncompliant, which … Continued
There are many factors that can go into a case related to what is called tolling the Statute of Limitations in a case where a child was affected by medical negligence or personal injury and later becomes an adult. One is the continuous treatment doctrine. For this to apply the treatment has to be for … Continued