Author Archives: Frank Maffei
What Are a Pedestrian’s Sources of Recovery if Hurt by a Vehicle?
A pedestrian who is struck by a vehicle in New York has access to several legal avenues to pursue damages for bodily injury, economic loss and, in the case of fatality, wrongful death. The compensation available is governed by a combination of state insurance regulations and tort law. Understanding these options is critical for any… Read More »
Autumn Is a Season of Beauty as Well as Slip and Fall Accident Risks
Fall in the Northeast brings cool, crisp air, colorful foliage and festive outdoor activities. While these make autumn a cherished time of year for Long Islanders, the season also presents a set of hazards that can lead to accidents and injuries. It is important to recognize potential dangers in order to prevent them. Equally important… Read More »
Why You Shouldn’t Settle Your Auto Injury Claim Without a Lawyer
If you’ve been injured in an automobile accident, you may be tempted to settle your claim with an insurance company on your own, hoping for a speedy resolution and perhaps to avoid legal fees. However, settling an automobile injury claim without first consulting an attorney can be a costly mistake, both financially and in terms… Read More »
Understanding New York’s Time Limits on Personal Injury Claims
A statute of limitations is a legal rule that sets the maximum period within which a lawsuit must be filed after an event occurs or after a right to sue arises. The purpose of such limitations periods is to ensure that legal matters are resolved within a reasonable time, that evidence remains fresh and that… Read More »
“Dooring” Presents Severe Perils for Bicyclists
A sudden and violent hazard known as “dooring” lurks for unsuspecting cyclists on the urban and suburban streets of New York, including Long Island. It occurs when a person in a parked car abruptly opens a door into the path of an oncoming bicyclist. The rider, with little to no time to react, may either… Read More »
Driver Fatigue Is a Major Cause of Trucking Accidents
Driver fatigue is a well-documented cause of motor vehicle accidents, particularly in the commercial trucking sector where drivers are on the road for long hauls. The Federal Motor Carrier Safety Administration (FMCSA) estimates that driver fatigue is a factor in about one in eight large-truck crashes. According to the Large Truck Crash Causation Study (LTCCS),… Read More »
How Medical Malpractice Standards of Proof Are Changing
When a doctor or other healthcare professional is sued for medical malpractice, the evaluation of the correctness their actions is traditionally based on prevailing practices among peers in the same field. If those actions were in accord with those of their colleagues, they could evade liability. However, this may change radically due to a recent… Read More »
Your Remedies as a Passenger Injured in a Car Crash
In New York State, passengers hurt in automobile crashes can pursue compensation in a number of ways. Your ability to recover damages depends on a number of factors, including who was driving the vehicle, their insurance coverages and the seriousness of your injuries. New York is a “no-fault” insurance state, which means there are specific… Read More »
What Are Noneconomic Damages and How Are They Measured?
In personal injury lawsuits, two main types of damages may be recovered — economic and noneconomic. Economic damages cover quantifiable losses such as medical expenses, lost wages and other out-of-pocket expenses. Noneconomic damages, on the other hand, compensate for intangible losses that do not have a specific dollar value. These include pain and suffering, emotional… Read More »
The Possible Effects of Pre-existing Conditions on Your Accident Claim
If you have suffered injuries in an accident because of someone else’s negligence, you deserve compensation for your immediate and long-term losses. However, your ability to recover damages can be affected by the existence of pre-existing health conditions — that is, prior medical issues presenting symptoms similar to those claimed to have been caused by… Read More »