The New York Personal Injury Blog

Personal Injury Law and Process in New York

Personal Injury Law and Process refers to all the things that make up a personal injury lawsuit. This can include everything from what time limits there are; to filing various types of claims; to what sort of judgments have been awarded recently in the New York courts; to national trends in personal injury law. One of the big changes in personal injury over the past few decades has been the emergence of stricter caps on damages.

Finally, sometimes there are high profile national personal injury cases that might have a local impact. These are also covered in personal injury law and process. For a more in-depth version of this conversation, you should consider meeting with a New York Personal Injury Attorney who can help you protect your rights and pursue your claims.

Recently in Personal Injury Law and Process Category

Who's Responsible For School Accidents?

A tragic school accident that left two students with serious burns have New Yorkers wondering who's at fault.

A chemistry teacher at Beacon High School was hoping to present her students with a fun demonstration when it turned into a fiery disaster that resulted in one student with second and third degree burns and another with less severe burns.

With this accident occurring at school, who's responsible for the injuries?

How to Sue NYC Schools

Do you know how to sue a school in NYC? For parents, this obviously isn't the first question we'd want to contemplate in the midst of back-to-school season in New York, but, unfortunately, some might need to know. Because children have to attend school, this means can't always be under the watchful eye of their parents at all times. This also means that if they do get harmed or injured for some reason while at school, parents may need to track who's responsible for that injury, whether it be the child's own fault or another student.

Sometimes, the school itself may be responsible. So, with that said, here is a general overview of how to sue a school:

How to Get Through Settlement Negotiations

According to The New York Times, over 90 percent of cases settle out of court. That's a huge amount of lawsuits that settle rather than fight it out in litigation.

While it's more common and sometimes far more cost effective to settle, there are many ways to have successful settlement negotiations. Here are a few tips and pointers on settlement talks.

What to Do If You're Deposed in a Civil Lawsuit

Depositions are an important part of a lawsuit. If you've filed a lawsuit or if you're being sued, you will likely eventually be called for a deposition.

What does that mean, and what do you need to know about depositions in New York?

For starters, depositions are governed by the law of civil procedure. In New York, if your case is a simple civil lawsuit for money damages, your lawsuit will be governed by state law and the rules of the court where your lawsuit has been filed.

Here's what you need to know, in a nutshell, about depositions in New York:

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.

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.

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.

They stop. They grope. They release. No, they aren’t the men in Super Mario and Elmo costumes in Times Square. They are the boys in blue, the NYPD. You’re probably tired of hearing about Ye Olde Stop and Frisk. We certainly are. However, this lawsuit deals with more than pat-downs; it deals with individuals’ personal information and privacy.

You may have forgotten about this entire issue. We wouldn’t blame you. In 2010, New York passed a law that prohibited the NYPD from storing individuals’ information who were stopped and released after finding no wrongdoing. Prior to the law, not only were these individuals being (arguably) unconstitutionally stopped and searched without reason, but the department was storing their names and addresses for future use.