“ZONE OF DANGER” We have seen that in “wrongful death” actions, the generally applicable rule in New York is that emotional trauma caused family members by the loss of a loved one is not a permissible basis for a “cause of action” in a lawsuit. Is there ever a time when the emotional impact upon [...]

WRONGFUL DEATH | CHILDREN AND INFANTS We have noted that the awards in wrongful death cases in New York State involving the death of children or infants is almost invariably shockingly low to the average lay observer. This is because the permissible guidelines for determining the amount of such award, in New York, are generally [...]

A federal judge awarded $1.6 million to a family as a result of their daughter’s death in an automobile accident. The daughter was an infant and was killed when the car she was in, parked along a Kentucky parkway, was slammed by a U.S. owned vehicle driven by an American soldier. The amount of damages [...]

CAN I SUE THE CITY ? | EXAMPLES OF “SPECIAL DUTY RELATIONSHIPS” Recall our general rule: The City has no duty to act in any of its governmental functions, unless a “special duty relationship” was created with respect to the injured person (see Feb. 12, 2010 post). For the record, as an aside, this general [...]

MUNICIPAL LIABILITY | CAN I SUE THE CITY? | CASES AGAINST NEW YORK CITY | “SPECIAL DUTY” There is a basic rule that is applied when a lawsuit is contemplated against a municipal entity, such as the City of New York. That rule gives the City, or any municipality, “absolute immunity” for the acts of [...]

NOTICE OF CLAIM | MUNICIPAL LIABILITY | SPECIAL USE Until 2003 the City of New York was primarily responsible for injuries incurred by individuals through cracks, potholes and uneven surfaces on City sidewalks. The primary responsibility shifted in 2003, through City Council legislation, that made the abutting commercial or residential landowners primarily responsible. However, in [...]

THE  “LATE”  NOTICE OF CLAIM While this subject was already touched upon in our (now archived) blog post of November 20, 2009, the significant number of calls received which include expressions of fear that a belatedly recognized Notice of Claim filing requirement may have been missed, prompts this additional posting. The major technical standard that [...]

DISTRACTED  DRIVING | DRIVING WHILE TEXTING | CELL PHONE USAGE WHILE DRIVING United States Secretary of Transportation Ray LaHood declared the recent findings of an insurance industry study “irresponsible.”  The conclusion of this study was that laws enacted by several states, banning phone calls and/or texting on hand-held devices, have NOT led to fewer accidents. [...]

Denver Car Accident Lawyers discuss how they handle personal injury cases in Colorado. They have a ton of experience dealing with all types of personal injury cases and always work to maximize your recovery.