02 May

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New York Personal Injury Lawyers explain High Low Agreements

in Accident Injuries, Accidents, Damages Awards, Personal Injuries

A high low agreement is made between the lawyers for the plaintiff and defendant with the consent of their clients. Such an agreement is a contract that sets a ceiling and a floor on the recovery thereby seeking to limit the potential payout defendants must make in the event of a large jury verdict while confirming the plaintiff will receive some baseline monetary amount. For example, in a personal injury action where the insurance policy limits are one million dollars ($1,000,000), the parties may enter into a high low agreement of $100,000 to $550,000. This means that if the...

03 March

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New York Personal Injury Lawyers explain High Low agreements

Posted by Frekhtman & Associates

in Accident Injuries, Damages Awards, Legal News, Personal Injuries

Often times the plaintiff and his or her attorney will make an agreement with the defendants and their attorneys called a high low agreement. The purpose of such an agreement is to set a high or ceiling value as well as a low or floor value for which the case will be resolved. This guarantees the injured plaintiff will receive monetary compensation thereby eliminating the possibility of obtaining no recovery in the event of a dismissal or defense verdict after trial. It also sets a ceiling on the recovery which defendants favor because it prevents them from having...

02 March

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Toyota Recall – Hearings before Congress attempt to determine if Toyota knew of defects and yet took no remedial action

Posted by Frekhtman & Associates

in Accident Injuries, Accidents, Car Accidents

Toyota Motor Corp. officials are under fire with questions from Congress during Senate hearings on the company's worldwide recall of 8,500,000 vehicles. The hearings are underway on Tuesday, March 2, 2010. Toyota has attributed the problems to gas pedals that can get covered by floor mats. The gas pedals also stick due to design flaws. Safety experts have said the problem may be with the electronics inside the Toyota vehicles. An estimated 52 deaths since 2000 have been linked to the sudden acceleration problem. Toyota is also fixing 1.6 million cars due to oil hoses with leaks. A large numbers of death...

26 February

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What to do if you fall on snow or ice

Posted by Frekhtman & Associates

in Accident Injuries, Accidents

If you fall due to snow or ice, you may be able to bring a successful lawsuit to recover money damages. The important factors to consider are 1. Where did you fall? Certain areas are actionable under the law while other areas are more difficult or even impossible. For example, someone who fell on a sidewalk in front of a commercial premises on a Wed when it last snowed on a Sun may have a strong case because the landlord/ management should have cleaned the snow or ice in the 2-3 day time window. However, someone who fell on a...

24 February

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Truck Accident Case settled in Federal Court by Frekhtman & Associates, Attorneys at Law

Posted by Frekhtman & Associates

in Accident Injuries, Accidents, Truck Accidents

The plaintiff was a warehouse workers who was assisting a large truck hooked to a tractor trailer that was backing up into a loading dock. The tractor trailer reversed into the loading dock improperly at a diagnol. The plaintiff banged on the side of the truck and yelled out to the driver to stop. The driver pushed the gas and moved his vehicle forward. This caused the rear tractor trailer door which was open at the time to catch on the side gate of the warehouse facility. The impact ripped the tractor trailer door off its hinges and caused it...

23 February

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Frekhtman & Associates, Brooklyn and Bronx Personal Injury Lawyers recover $1,400,000.00 for child

Posted by Frekhtman & Associates

in Accident Injuries, Damages Awards, Medical Malpractice

An infant recovered $1,400,000.00 in a medical malpractice case involving failure to diagnose a brain tumor which pressed on his optic nerve and caused blindness. The delay in diagnosis was brief, only about 4 months from the onset of symptoms until the time when his pediatrician correctly diagnosed the condition. Because of this many medical experts said there was no causation or that the blindness was not caused by the failure to diagnose. His attorneys were persistent and kept speaking to specialists until an expert made the connection. Prior to trial, the parties negotiated a $1,400,000.00 settlement which...

23 February

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Setting up an Auto Accident Claim

Posted by Frekhtman & Associates

in Accident Injuries, Accidents

After hiring your attorney, he or she will set up a claim in a motor vehicle accident case. This is done by calling both insurance companies involved if it is a two car accident. The car you were in is the No Fault vehicle and the auto insurance for this car will provide No Fault coverage which will pay for your medical bills. The other vehicle involved if it was at fault will provide the Bodily Injury insurance coverage or BI for short. A letter is sent to both insurance companies and claims are established. The insurance company will...

23 February

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NYC Accident Injury Lawyers settle supermarket accident case

Posted by Frekhtman & Associates

in Accident Injuries, Accidents

In January 2010, the attorneys at Frekhtman & Associates with the help of their trial counsel settled the case of a client who was injured at a large supermarket/ wholesale club in Brooklyn, New York. The incident happened at Costco. A large escalator like conveyer belt took customers from the first floor to the second floor inside this warehouse. When a child fell between two carts, the client turned his shopping cart sideways to prevent it from hitting the child. Store employees watched the incident but failed to press the red stop button on the side of the escalator...

23 February

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Don’t be afraid to see a doctor after a car accident

Posted by Frekhtman & Associates

in Accident Injuries, Accidents, Car Accidents, Vehicle Accidents

Many clients tell our firm they are afraid to go the doctor after a car accident even though they feel pain. This is because they may not have health/ medical insurance coverage and fear that the hospitals and or doctors will send them a big bill and or put them in collection. However, the New York No Fault law requires the automobile insurance company of the car you are physically in to pay for up to $50,000 of medical benefits to each injured person. This is called Personal Injury Protection (PIP). It acts like health insurance and most people can treat...

23 February

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What To Do After a Car Accident by New York Personal Injury Lawyer

Posted by Frekhtman & Associates

in Accident Injuries, Accidents, Car Accidents, Vehicle Accidents

After a Car Accident it is important to: 1. Call the police. Leaving the scene of an accident without notifying the police is a crime in New York State. 2. Write down the license plate # of the other car involved as well as the make and model. 3. Don't argue with the other driver. Stay in your car and wait for the police to arrive. 4. If you feel pain, go to the hospital to get checked out. 5. Take photos of the other car, the location of the accident, and your injuries. If you dont have a camera with you, check if your...