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New York Personal Injury Lawyers explain High Low agreements
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 to pay a large amount in the event a jury awards a very large sum to the injured party. An example of a high low agreement may be a car accident case with a $500,000 insurance policy. The parties may enter into a high-low of 250/75 meaning the plaintiff will get at
Toyota Recall – Hearings before Congress attempt to determine if Toyota knew of defects and yet took no remedial action
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 and personal injury lawsuits are being investigation along with a criminal probe by federal prosecutors, an investigation by the Securities and Exchange Commission (SEC) and from the U.S. Transportation Department. The National Highway Traffic Safety Administration, a branch of the Transportation Department, is demanding evidence and records to
What to do if you fall on snow or ice
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 roadway while crossing in the middle of the street will have a much more difficult case. Under the NYC Adm. Code 7-210, a property owner is responsible for a defective public sidewalk adjoining his or her property. This means that snow or ice in front of a property is actionable
Why it is important to keep in contact with your lawyer
If 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 pride ourselves at the level of access offered to our clients. We call our clients at least 1x per month. We also communicate on a daily basis via email, text messaging, and other means. The principal attorney, Arkady Frekhtman, even has his cell phone on the homepage of his
Labor Law 240(1) decision from Court of Appeals helps plaintiffs
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 but rather “whether the harm flows directly from the application of the force of gravity to the object.” Ibid. In Runner, the plaintiff was injured while transporting a large wire wheel down a flight of stairs. As the wheel descended the injured worker was pulled into a metal bar injuring
Nursing Home Abuse Case resolved by Frekhtman & Associates
An elderly man who was a patient in a nursing home in Brooklyn, New York filed a lawsuit against the nursing home for failing to properly treat and care for him. Due to the nursing home’s negligence, the man sustained serious bed sores also known as decubitis ulcers. He needed surgery to debride the bed sores. The New York medical malpractice lawyers at Frekhtman & Associates filed a lawsuit against the nursing home and settled the case while awaiting trial. The case was resolved for $325,000.00. New York’s Public Health Law 2801(d) allows a private cause of action against a Nursing Home or other health care facility for deprivation of a patient’s rights.