New York Personal Injury Lawyers explain High Low agreements

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...

25 February

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Labor Law 240(1) decision from Court of Appeals helps plaintiffs

Posted by Frekhtman & Associates

in Legal News

Recently, on December 17, 2009, the Court of Appeals of the State of New York decided a case called Runner v. New York Stock Exchange, 2009 WL 4840213, NY Slip Op 09310 (2009). It clarified the state of the law with respect to construction accident or Labor Law cases where an object falls and comes into contact with a worker. These are commonly referred to as "falling object" cases. The Court held that there is no strict requirement that the worker and the falling object make contact. The proper question to ask is not whether the object hit the worker...

24 February

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NY Lobby Day planned for April 20th, 2010

Posted by Frekhtman & Associates

in Legal News

Many plaintiff's attorneys are going to Albany, New York the State Capitol to address the legislature concerning the New York serious injury motor vehicle law also known as Insurance Law 5102(d) or the "threshold" law. The New York State Trial Lawyers Association (NYSLTA) is attempting to change this law to avoid dismissal of cases with serious injuries. The New York personal injury attorneys at Frekhtman & Associates will send a number of attorneys to participate in this effort. We will also speak to clients whose cases were unfairly dismissed due to the threshold law. Currently, Insurance Law 5102(d) has nine categories...