Proposal to amend the law is pending - https://open.nysenate.gov/legislation/bill/S7518 - Senate version https://open.nysenate.gov/legislation/api/html/bill/A10739 - Assembly version...
Continue readingA 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...
Continue readingToyota 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...
Continue readingIf 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...
Continue readingIf you have been injured, it is vital to keep in touch with your attorney. An attorney is your representative who is handling all aspects of your personal injury claim. He or she must be "in the loop" and get constant updates on your medical treatment and other important facts. In New York, a personal injury case filed in Court may take from 6 months to 2 years or more to resolve. During that time, you need to be in touch with your lawyer and your lawyer should be proactive and be in touch with you! At Frekhtman & Associates, we...
Continue readingThe 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...
Continue readingAfter 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...
Continue readingIn 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...
Continue readingMany 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...
Continue readingAfter 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...
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