Recently in Personal Injury Law and Process Category

An amended settlement was tentatively reached on behalf of thousands of first responders to the Sept. 11, 2001 terrorist attack on the World Trade Center, CNN reported. The amended settlement raises the total compensation for sick first responders from the $625 million proposed in March to $712 million, capping attorney fees to 25 percent of the total.

WTC workers claiming severe respiratory problems contracted within seven months of WTC site exposure qualify for up to $1.05 million; those not suffering now but with a legal claim to future suffering are entitled to $3,250; and death claims proven to be caused by the post-attack operations may claim $1.5 million.

If you are ill or believe you may have been exposed and have not yet filed a claim, it may be in your best interest to contact a New York injury lawyer.

A Manhattan Judge said Friday that he will not approve the settlement in the World Trade Center lawsuit.

Last week, many 9/11 heroes found out that they were entitled to $657 million; which is a figure that is based on a settlement that was reached in the World Trade Center lawsuit. 

Later in the week many of these plaintiffs were left scrambling to contact their New York injury attorneys, working with them to determine exactly how much of the $657 million they would see. Many of them also want to know if the settlement is fair.  

As reported in this blog last week, a settlement had been reached in their ongoing lawsuit against the City of New York (and several private companies) for injuries sustained by Ground Zero rescue workers in the aftermath of September 11, 2001. 

Since New Jersey has already done it, perhaps New York will be next for legalizing medical marijuana. New York Magazine reports that Richard Gottfried, a Manhattan Assemblyman, hopes that this is true. Apparently, he has tried to have it passed almost every year; however, he has yet to be successful.  

The New York Times reports that the bill this year, that Gottfried helped to introduce, may pass. It reads: "The legislature finds that thousands of New Yorkers have serious medical conditions that can be improved by medically-approved use of marijuana. The law should not stand between them and treatment necessary for life and health" (New York State Assembly). The bill lists the people who would be eligible to use medical marijuana including people suffering from cancer, H.I.V./ AIDS or arthritis.

Prisoners in New York might have to face a new policy in the future when it comes to how they can communicate with the outside world.

In Oregon, soon inmates will only be able to write postcards, not letters. This measure is being taken to save money and the time that it takes to read all of the letters. At the start, only the inmates will have to write on postcards, but by spring, the Oregonian reports that this policy will also apply to the people who send the inmates letters. 

Needless to say, many civil rights advocates are unhappy with the policy which they believe will do more harm than good. 

Could this policy spread to Rikers Island, and if so, isn't it against the prisoner's rights?

Another teen is suing for a school-related sports activity. Earlier this season, a teen sued his school of a dodgeball incident, now Alina Cerda, 15, is suing the city and her high school softball coach for not teaching her how to slide correctly.

Cerda injured her ankle needing "six screws and a metal plate" after sliding into a "mudding base path" (NY Daily News). In addition to the physical therapy and the surgery, her New York personal injury attorney may add pain and suffering for missing out on her freshman season: her team went to the playoffs that year.

Does Cerda have a strong personal injury case?

A New York, autistic man has been given a settlement of $340,000 after spending over a year in prison for a crime that he did not commit. Ozem Goldwire, 31, was interrogated by NYPD detectives for 21 hours without counsel, which led to the false confession. The NY Daily News reports, "warned that he wouldn't be released if he did not confess, Goldwire wrote a statement claiming he strangled his sister."

His New York lawyer fought to have him released from prison and to have the NYPD held responsible for this miscarriage of justice.

But the question is, was the law followed?

In a recent entry, we went over the basics of libel and slander. Since there are a lot of specific instances that involve these defaming torts, I did some research to dig up more information on what really constitutes defamation. Here are a few specific questions, and sources where you can find more information about that particular aspect of the law.

In a town like New York City, many of the personal injury lawyers have to deal with cases that involve libel and slander. Here, there are so many people that it is easy to get lost, so a name means everything. It is the difference between a Gucci purse and a Got-cha purse. 

In a New York City personal injury case, a New Jersey woman is claiming that a NYPD horse bit her leaving "permanent injuries." Mr. Biggs, one of the horses in the New York Mounted Unit, is accused of biting the woman on her forearm.

Since there are not many cases of horses biting and attacking people in New York City, there don't seem to be clear laws on how to handle it. For the following, I will relate the case using the laws designed for dogs, not because the animals are similar in mannerism, but because these laws are more specific.

In Camden, New Jersey, a teen is suing her school  with the help of a personal injury attorney, for violating her right to protest.

The student was planning on showing her support during Pro Life Day, which would consist of her not speaking (except when she is called on in class), wearing an arm band that had "life" on it, and handing out anti-abortion pamphlets.