Breach of contract cases often turn on the interpretation of precise language contained in the original agreement between the parties. Each party may believe they are following the contract to the letter, even when that results in conflicting interpretations. A recent decision by the New York Court of Appeals illustrates how millions

In order to bring a personal injury lawsuit in New York, a plaintiff must present a court with evidence that he or she has suffered a “serious injury.” In this context, “serious” means the victim has endured some sort of permanent disability or loss as a result of a defendant’s

Winning a personal injury lawsuit does not guarantee you will receive an immediate payout from the responsible party. In many cases, a defendant may lack the financial resources to pay a judgment (and other debts) and seek protection through bankruptcy. On the other side, a victim faced with mounting medical

New York law encourages insurance companies to promptly settle claims brought by accident victims. But, there are cases where an insurer may disclaim coverage based on some failure by the insured. Last year, the New York Court of Appeals addressed such a case, where an insurer was allowed to disclaim

Car accidents often involve a multitude of factors. Eyewitness testimony alone can be insufficient to accurately reconstruct the underlying events. In many cases, expert witnesses are employed by both sides in a personal injury lawsuit to present the jury with possible reconstructions based on time-tested scientific methods. But, introducing expert

Piecing together the events of an automobile accident can be difficult. Especially in “hit and run” cases where the other driver speeds away, a victim may have insufficient or incomplete information to act upon. How can this affect the victim’s legal rights to seek compensation for his or her injuries?

Many New York workers injured on the job, or in the course of their employment, are eligible to receive workers’ compensation benefits. Workers’ compensation refers to a state-mandated insurance program requiring certain employers to provide or purchase, and which provides benefits to injured employees. The basic idea behind workers’ compensation

All drivers have a legal obligation to respect traffic signals and crosswalks. One must always be careful to avoid hitting pedestrians crossing the street. But, that does not excuse pedestrians from exercising equal care, as a recent decision by a New York appeals court illustrates. Wallace v. Barody This case involves a

Although we tend to associate deadly accidents with cars, trucks, and other small passenger vehicles, recent events in Westchester County remind us of the horrific disasters that can occur when such vehicles collide with commercial trains. During the evening commute of February 3rd, a northbound Metro-North train collided with a

When a business relationship turns sour and one party feels obliged to sue the other, one of the first issues that must be addressed is forum. Business contracts often specify which state or court will have jurisdiction over any dispute arising from the contract. But such “forum selection” clauses are