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New York Car Accident Lawsuit

Car accidents are quite scary. They often lead to injuries, and it only follows that whoever caused the accident should be responsible for the injuries. In New York, every driver is required to carry a No-Fault insurance, to ensure guilty parties pay for the injuries caused.

The No-Fault coverage provides coverage for lost wages and medical expenses for the victim, regardless of who caused the accident. Nonetheless, the No-Fault coverage might not be enough in some cases. When the victim is severely hurt and possibly permanently disabled, filing a lawsuit can provide the necessary compensation. It is best to seek the advice of New York truck accident injury lawyers.

Many people often want to know if they have a case after an accident. In many cases, the following questions should be answered to make the decision:
Who caused the accident?
Is the insurance coverage sufficient?
Were the injuries serious, as defined by the No-Fault Law of New York State?

Who Caused the Accident?
Identifying the guilty party in an accident is critical. This will ensure that you know exactly who you are bringing the lawsuit against. If you caused the accident, there’s no much point in filing the lawsuit. Once the person who caused the accident is identified, you need to establish whether the nature of your injuries meets the “Serious Injury Threshold,” which is a major prerequisite for successfully bringing a lawsuit for a non-economic loss like emotional suffering and pain.

Under the New York State Law, a serious injury is defined as an injury that:
• Results in death of the victim

• Causes severe disfigurement

• Leads to dismemberment (losing a limb)

• Results in the loss of a fetus

• Causes a broken bone

• Leads to a permanent loss of the use of a body organ, function, member, or system; such as permanent nerve damage, lost range of a limb, blindness, etc.

In this case, if the injury you incurred does not meet these conditions, a lawsuit for pain and suffering won’t be applicable for you. However, medical treatment and lost wages would still be covered under the No-Fault insurance.

Nonetheless, if your injury falls under any of those categories as defined by the law, then you should consider filing a lawsuit. Plus, you will still get the No-Fault insurance compensation for a specified amount, to cover the medical bills and lost wages. The lawsuit will allow you to sue for any medical care charges and lost wages that go beyond the No-Fault coverage, along with the compensation for your lost future wages, pain and suffering, and other expenses that have not been accounted for under the No-Fault Insurance.

Compensation
Assuming that another party caused the accident, and you have incurred a serious injury, the issue would be whether the insurance coverage is sufficient. A lawsuit will be effective only if there’s money to be collected at the end. According to the New York State Laws, the insured vehicle should carry at least $25,000 for any bodily harm caused by the guilty driver.

You can potentially win over $10,000,000 with a jury verdict, but if the driver who caused the accident didn’t have any insurance or personal assets, then you may never see a dollar of it. As such, you need to make sure that there’s money to go after before you start stressing yourself with the expenses of filing a lawsuit.

Here are some of the compensatory damages available in personal injury cases:
Medical Treatment
The cost of medical care associated with the accident is included in a personal injury damages award. This entails the reimbursement for the cash you have already spent on treatment, and the estimated cost of any form of medical care you need in the future due to the accident.

Wages
You could also be entitled to compensation for the impact of the accidents on your wages and salary. This not only includes the income you have lost due to the injuries from the accident, but also the money you might have been able to make in future.

Lawsuit Process In New York
As we mentioned earlier, while car accidents can disrupt the lives of the involved parties, most of them are minor and only involve limited injuries and property damage. Nonetheless, some serious car accidents involve lawsuits, since damages exceed the insurance policy limits, or if there’s dispute with the issue of fault.

In a NY injury lawsuit, there are a few steps involved. While these steps may vary depending on the complexity of the case, the following are the common stages in a car injury lawsuit in New York:

1. Pre-litigation
The prelitigation stage is ideally the period before a lawsuit is brought to the courthouse. This stage involves collecting the necessary evidence including photos and videos immediately after the accident has occurred. A New York car accident attorney should then be contacted to collect and assemble the evidence relevant to your case, help you file a no-fault insurance claim; notify the party at fault of the potential claim, and to initiate negotiations for your fair compensation.

2. Litigation
Litigation is the stage where the lawsuit if filed at the court. It involves the discovery process where the parties obtain the evidence from each other. The car accident attorney may want to interview any witnesses, the drivers, and the other people who may have pertinent information to the case in a deposition. This is then followed by a trial here a jury hears the case. Finally, there is the resolution phase where the jury decides, and a judgment is reached, or both parties agree to a settlement.

3. Damages Recovery
There might be difficulty obtaining the compensation, even when the victim wins the case. But an expert New York Car Accident Lawyer can help make sure that the client receives the maximum compensation possible.

Will Your Case Go to Trial?
It’s quite difficult to tell for sure, but it’s quite likely that it will not. In many cases, the parties settle out of court, rather than risking losing the trial. Through a settlement, you will have a guaranteed payout. It also means that the attorneys won’t have to prepare for battling it out on the court, which is often a stressful and expensive phase of pursuing a claim. The settlement ensures that both parties dropped the lawsuit and sought a mutually agreeable settlement while putting the terms of it in writing.

Car Accident Attorney

The New York State doesn’t require a mandatory settlement conference or other litigation alternatives in car accident lawsuits unless it’s a case that involves claims for medical malpractice. However, local courts may vary, and a judge can only encourage or require such a conference informally or formally. It’s almost always given that your attorney will deliberate on the various settlement options with you and the other involved party, even without a judge’s help.

If the case is heard at a bench trial, only a judge can decide your case and will rule on which laws apply to your case, and if the evidence supports your side according to the law. During the jury trial, the judge will establish which laws are applicable, but it’s the jury’s task to decide what happened and if the stated facts meet the law requirements governing personal injuries.

Very few car accident lawsuit make it to trial. Much of this has to do with the fact that at any point of the trial, the defense can opt to settle the case directly with you. Although the attorney can help you establish how likely you are to prevail in the case, it’s up to you to decide whether you will accept the settlement or not.

Hiring Key Web Developers For Tampa Lawyer Websites

Imagine having a beautiful website, but it doesn’t run as well as you want to.

What are you going to do as a Tampa lawyer? You will end up losing a boatload of clients, and it is going to be a real disaster. There are many examples of lawyers who thought they had great websites, but they fell apart as soon as the load increased. You have to think about now, and the future as a lawyer meaning finding a Tampa web design team is of utmost importance.

So, how do you go out to find a great website developer as soon as possible? Here is what you have to do at the very least.

1) Know What A Website Developer Offers

The website developer is going to have an array of qualities they bring to the table.

You want to be aware of them, so you go with the right person. You want to know how they are as a person and how they are as a professional. You should be taking a look at their portfolio to see what they have done in the past. If they have worked with lawyers, this is the best case scenario as it will remove some of the hurdles that could come along.

Look into this as you figure things out for the website and its development. This is the bare minimum.

2) Build Your Checklist of Needs

Do you know what is needed from the legal website that is going to be setup on your behalf?

Make sure you are aware of what a website needs before you hire a professional to do the job. Yes, you can hope the professional will be able to do things on their own, but that is not worth it when you are investing into a site. Instead, you should only be going with those who ask for a vision.

If they ask for a vision, this means they are prepared to listen and aren’t going to dupe you along the way.

3) Don’t Assume Experience Equals Quality

The one thing a lot of clients do is assume they can find an experienced person to do the job because that is a must.

While experience is great and something you should be pushing for, it can’t be the only barometer for success. Instead, you want to go with those who can display quality as that is most important. If they can display years of experience along with quality, you have hit the jackpot.

This is why you want to keep your eyes open for quality before anything else as that is what the website needs.

4) Tap Into Your Network

Do you know other lawyers in the area who have worked with a particular web developer or agency? What about people you don’t know?

This is an excellent way to get a feel for who is out there that might be able to help. You always want to take a look at those who are close to you before venturing out into the open market for a website developer.

These are tips that are going to ensure you can hire a fantastic website developer who can break things down and ensure the foundation is pure. If you don’t have a quality foundation for your website, it is going to crumble as soon as the load increases.

Look at some of the leading websites around the world who see millions of people on a daily basis and their infrastructure is spotless. You want the same, and it all comes with the right website developer.

Real World Example of Work Place Defamation

I was reading the Ohio Employer’s Law Blog and found this great post regarding a workplace defamation case. They actually had the email quoted that contained the so-called defamation. Here it is.

It is with sincere regret that I must inform you of the termination of Alan Noonan’s employment with Staples. A thorough investigation determined that Alan was not in compliance with our [travel and expenses] policies. As always, our policies are consistently applied to everyone and compliance is mandatory on everyone’s part. It is incumbent on all managers to understand Staples[’s] policies and to consistently communicate, educate and monitor compliance every single day. Compliance with company policies is not subject to personal discretion and is not optional. In addition to ensuring compliance, the approver’s responsibility to monitor and question is a critical factor in effective management of this and all policies

The Court in that case held that the email above could amount to defamation even though the statements are true. Alan Noonan did violate the travel and expense policy. I generally sympathize more with employees, but even I am amazed that this email could get a company in trouble. It is all true and the company seems to be making it clear that they want people to follow their policies. That is what a good company should do. But the company, Staples, could be in trouble if a jury finds that the email was sent out only to embarass Mr. Noonan. Employers need to be very careful about what they say and employees should know that court’s will help them protect their reputations.

Retaliation Law – Strong Support from High Court

The United States Supreme Court has made it clear that workers must be protected from retaliation. Illegal retaliation occurs whenever an employee is punished for reporting discrimination or sexual harassment. In a string of recent cases, the Court has strongly supported employees. The Court recognizes that retaliation cannot be tolerated. Otherwise, the anti-discrimination and harassment laws will have little effect if workers can be punished for reporting discrimination or harassment. Employees will not report workplace violations if they are not protected. In a recent decision, the Court stated that “fear of retaliation is the leading reason why people stay silent instead of voicing their concerns about bias and discrimination.” In it’s most recent decision, Crawford v. Metropolitan Government of Nashville, the Court again held in favor of an employee who had been fired shortly after she told company investigators that her boss had sexually harassed her. For more on this case or to get a full version of the Court’s decision, see The Employment Law Memo.

Workplace Slander and Defamation Suits Take Off

A person’s reputation in the job market has never been more important. If false statements about an employee’s skills or integrity are circulated, then obtaining a new job will be next to impossible. That is one reason why workplace defamation suits are increasing. Technology is another factor fueling the fire because false statements can quickly be distributed through e-mail or networking sites like twitter, facebook, and linkedin or through on-line employee screening services. See today’s article in the National Law Journal “Workplace Defamation Suits Rise,” by Tresa Baldas. Recent cases have been based on the following facts: 1. Employer submitting unfounded theft accusations to an industry wide employee screening company. These false accusations caused the employee to be blackballed from his industry. 2. Employer sending out email to 1,500 employers stating that manager was fired for violating the company expense and travel policy. Even though the statement was true, the court allowed the case to proceed because the e-mail was intended to humiliate the employee and the employee was identified by name in the e-mail. 3. Law firm sued for issuing a press release stating that a partner had been fired for “extremely inappropriate personal conduct.” We will be seeing more of these cases as employees need to protect their reputations.

Some companies do not treat working moms equally. Some think that working moms have “too much on their plate” and don’t give moms the same opportunities at work. Take Laurie Chadwick, a mother of four young children, for example. She had a strong record of success at Wellpoint Inc., even though she had young kids. She scored a 4.40 out 5 in her latest review. But when she applied for a promotion, Wellpoint rejected her and instead promoted a less qualified woman without children. Ms. Chadwick sued for sex discrimination.

The federal trial judge threw her case out of court, but the relentless Ms. Chadwick appealed. She found a sympathetic audience with the Court of Appeals and they reversed that pesky trial judge and reinstated her case. Here is what the Court of Appeals said:

Unlawful sex discrimination occurs when an employer takes an adverse job action on the assumption that a woman, because she is a woman, will neglect her job responsibilities in favor of her presumed childcare responsibilities. … [A]n employer is not free to assume that a woman, because she is a woman, will necessarily be a poor worker because of family responsibilities. The essence of Title VII in this context is that women have the right to prove their mettle in the work arena without the burden of stereotypes regarding whether they can fulfill their responsibilities. (Read the full court opinion here.)
In Ms. Chadwick’s case, the company made a few telling comments. For example, when she asked why she did not get the promotion, she was told, “It was nothing you did or didn’t do. It was just that you’re going to school, you have the kids and you just have a lot on your plate right now.” And during the interview, one of the interviewers said, “Oh my — I did not know you had triplets. Bless you!” This decision in favor of Ms. Chadwick is a great victory and it can be used by other working moms who suffer discrimination.

Check out the The Employee Rights Post for more commentary on this case.

Why Is Age Discrimination So Complicated?

There is an act of congress called the Age Discrimination in Employment Act (ADEA). The purpose of that law is to outlaw age discrimination. It follows that an employer that commits age discrimination should be liable for violating the ADEA. But the United States Supreme Court, some time ago, came up with a brilliant concept called “mixed motive” analysis. This theory gave an out to employers who commit discrimination. It says that even if a company fires an employee due to advanced age, it can escape liability if the victim would have been fired anyway. To make an analogy, this would be like saying that a person can escape liability for murder so long as the victim would have died at that time anyway from another cause.

In a case called Gross v FBL Financial Services, Inc. the U.S. Supreme Court will decide if it should continue watering down the ADEA or instead follow common sense and simply outlaw age discrimination. Murder is illegal and it does not matter if the victim would have died anyway. Likewise, companies that commit age discrimination should be held liable – no matter what. What benefit could possibly come from giving an out to companies that commit age bias? Keep it simple and keep it illegal. Nothing good comes from age discrimination. If you would like to read more about this case and hear other points of view, please see The Connecticut Employment Law Blog, Scotusblog, and The Employee Rights Post.