The New York Personal Injury Blog

January 2013 Archives

What is Malicious Prosecution in New York?

What is malicious prosecution? For starters, it's a personal injury cause of action, and not a crime.

Malicious prosecution is a claim that can be raised in a lawsuit. So basically, it's a reason to sue another for wrongfully prosecuting them. It's typically raised against investigators or police officers.

It's a civil lawsuit, which means that it doesn't subject the defendant to jail time. Rather, it's a lawsuit that asks for monetary damages to make the other person whole.

10 Tips on Filing an Auto Insurance Claim in New York

After a car accident, on thing you will likely do is to file a claim with your auto insurance company.

If you've never filed an insurance claim before, you might find yourself in unfamiliar territory.

The process might seem daunting at times. But here are a few pointers on filing an insurance claim:

Medical Malpractice Damage Award Caps? Not in New York

In 2011, New York legislators left out a proposed provision in the budget which would have placed a cap on medical malpractice damages.

Let's talk about that concept and the overall idea of medical malpractice.

Under Gov. Andrew Cuomo's 2011 proposal, the state would have set a maximum amount that a plaintiff could recover in a medical malpractice case for pain and suffering damages.

That amount would have been $250,000, the Post-Standard of Syracuse reported.

Top 10 New York Personal Injury Stories of 2012 (Part II of II)

We told you personal injury law could be exciting. And the fun doesn't stop with our Top 5 posts of 2012, either.

We've got five more of the most popular personal injury stories of 2012. Just in case you fell asleep when you heard "law," these will definitely grab your attention:

Top 10 New York Personal Injury Stories of 2012 (Part I of II)

Ahhh, personal injury law. It's not just wet floors and car accidents. If it were, we'd be too busy falling asleep on our keyboards to blog.

No ma'am, personal injury is where some of the oddest stories emerge. Looking back on 2012, our 10 most popular posts included everything from skinny jeans causing injuries to inmate dating sites. Enjoy.

Ferry Accident Injures More Than 50 Commuters

A Seastreak commuter ferry collided with multiple docks this morning, leaving a hole in the ship and more than fifty passengers injured. At least 57 people were being treated, nine for serious injuries, and two in critical condition. One man was reportedly thrown down a flight of stairs by the impact. He was rushed into surgery and has been upgraded to stable condition.

One passenger described the moment before impact to Channel 7 Eyewitness News: "Once you basically pass the Statue of Liberty, you pretty much know that you're going to be there soon, so a lot of people start standing up, milling around, getting their coats and everything like that. Anybody who was standing went to the ground."

Could 'Stop and Frisk' Injunction Soon Go Beyond Public Housing?

Could it be? Could months and years of debating the merits of "stop and frisk" have finally led to the end of the constitutionally debatable NYPD policy? While today's decision by Judge Shira Scheindlin isn't the final word on the matter, an injunction, for reasons that follow, could potentially signal an end to the practice that began way back in 1964.

What is an injunction? It is a court order that prohibits a party from engaging in a certain activity. Specific to this case, it orders the NYPD to cease the stop and frisk practice in areas around public housing. This case, one of three related stop and frisk cases, deals with only the stops made in and around public housing as part of Operation Clean Halls (now known as "TAP" or the Trespass Affidavit Program).

Cost of Lawsuits Against NYPD, City, Up Five Percent

By nearly every measureable statistic, lawsuits against the City of New York, and against the NYPD are hitting record highs and could lead to increased strain on the city’s budget, reports the New York Daily News. For the most recent year that figures are available, July 1, 2010 through June 30, 2011, there were 8,832 suits filed against he NYPD alone - many as a result of the oft-criticized stop-and-frisk policies.

In terms of dollars and cents, the city paid $550.4 million in personal injury and property claims, $185.6 million of which came from NYPD lawsuits. Per NYC resident, that comes out to $70 each and is a 5 percent increase year-over-year.