How you seek medical treatment for an injury following an automobile accident can significantly affect your ability to seek damages from the responsible parties. New York requires evidence of a “serious injury” in order to bring a personal injury lawsuit. A key element of this is showing a “chain of

Written contracts are important when conducting any business—even among family members. While family rivalries often involve personality conflicts and hurt feelings, a well-drafted contract can minimize litigation and protect important business interests. A recent example from Manhattan federal court helps illustrate this point. Genger v. Genger This case involves a

“Bicycle sharing” or public bicycle programs have become very popular in U.S. cities in recent years. These public-private partnerships provide inexpensive short-term bicycle rentals as a means of encouraging residents and tourists to forgo automobiles and traditional public transportation. And while bicycle sharing has largely proven to be safe, they

There are two basic elements to any successful personal injury lawsuit in New York. First you have to prove the defendant was negligent—that is, he or she caused the accident in question. Second, and perhaps more importantly, you must demonstrate you suffered a “serious injury” as a direct result of

When a motor vehicle accident results in the victim’s death, his or her heirs may attempt to recover damages through a wrongful death lawsuit against the negligent parties. New York courts treat such cases differently than those where the victim survived. In a 1948 decision, New York’s Court of Appeals

Theft is a problem all New York businesses must contend with. A Brooklyn-based jewelry store recently learned this harsh lesson when thieves made off with over $70,000 worth of luxury watches. But unlike most jewelry store robberies, this one was not accomplished by masked men with guns. And in the

Personal injury lawsuits are always tricky when the defendant is a city or government agency. New York’s Court of Appeals has found there is a clear distinction between “proprietary” and “governmental” functions when addressing negligence claims. “Proprietary” functions refer to any service provided by a local government as a substitute

Every day New York parents entrust their children to the care of bus drivers who take their children to and from school. New York courts have long recognized a school district must act in a “careful and prudent manner” to protect children from injury when transporting students. But does that

New York’s “No-Fault Law” makes it difficult for automobile accident victims to bring a case against reckless or negligent drivers. Before a plaintiff can even present a case to a jury, he or she must satisfy a judge there is a “serious injury” caused by the accident. Defense lawyers commonly

Emergency vehicles, including police cars and ambulances, are afforded special privileges under New York State law. Anyone driving an authorized emergency vehicle may disregard the ordinary rules of the road provided he or she does not exhibit “reckless disregard for the safety of others.” This is significantly higher than the