personal injury lawyer brooklyn
personal injury lawyer brooklyn
Police Brutality Cases Embraced By Personal Injury Attorneys Looking For Big … – International Business Times
International Business Times
Police Brutality Cases Embraced By Personal Injury Attorneys Looking For Big …
International Business Times
Chris Fitzgerald, an attorney in New York City who focuses on civil rights and personal injury litigation, compared what phone cameras are doing for the justice system and civil rights now to what television did for civil rights in the 1960s, with the …
Dr. Leonard Morse, Plaintiff-Appellee v. John Fusto and Jose Castillo … – New York Law Journal (registration)
Dr. Leonard Morse, Plaintiff-Appellee v. John Fusto and Jose Castillo …
New York Law Journal (registration)
The defendants, John Fusto, a former prosecutor with the New York State Attorney General’s Office Medicaid Fraud Control Unit, and Jose Castillo, a former audit-investigator with the Unit, appeal from the September 16, 2013, judgment of the United …
Cuomo aide left comatose from stray bullet victim of 2 warring gangs, sources say – New York Daily News
New York Daily News
Cuomo aide left comatose from stray bullet victim of 2 warring gangs, sources say
New York Daily News
The governor’s aide left comatose by a stray bullet to the head was the victim of two warring gangs gunning for each other in a brutal Brooklyn turf war, sources said Tuesday. Carey Gabay, a 43-year-old Harvard-educated lawyer, was still fighting for …and more »
New York City Cab Accident Statistics
Considering the fact that New York City has roughly 13,000 registered yellow cabs – up from 65 in 1907 – chances are that many pileups involve these vehicles.
NYC Taxi Accident Statistics
Consider these recent citywide and Brooklyn motor vehicle accident statistics, as filed by the New York Police Department (NYPD).
· In February 2013, there were more than 14,000 car accidents citywide, including Brooklyn, Manhattan, Staten Island, the Bronx and Queens.
· Taxis were involved in 1,241 of those altercations.
· In Brooklyn alone, there were 3,970 crashes in February 2013, with 94 involving a yellow cab.
· For these NYC taxi accidents, contributing factors or cause, when known, include an improper turn, following too closely, improper passing, failure to keep right, disregard of traffic control, driver distraction, driver inexperience, unsafe speed, unsafe backing, DUI, and fatigue.
· In February 2013, citywide, there were 291 people involved in a vehicle altercation.
· While the city does not compile statistics for the number of people hurt or killed specifically in NYC taxi accidents, according to NYPD reports, citywide, 2,639 people were either injured or killed in a motor vehicle accident in February 2013.
What to Do if Involved in a NYC Taxi Accident
When involved in a NYC taxi accident, there’s a specific protocol individuals should follow in order to protect their rights. After calling 911, collecting information on the driver is crucial. For those involved in an accident with a yellow cab, ask for the driver’s license and registration number, just like with any ordinary crash. Individuals will also want to ask for the driver’s medallion number. In NYC, a medallion is a badge that only those permitted to drive a taxi possess. So if someone is involved in an accident with a cab and the driver does not have a medallion, that cab driver is operating his vehicle illegally. If an individual is a passenger of a cab involved in an accident, they should also get license and registration information from the second vehicle and license, registration and medallion number from their taxi driver. Of course, if 911 has been called, car accident victims can ask an officer to obtain these documents.
How An Attorney Can Help
As NYPD reports show, year in and year out, eliminating car accidents in New York City is not a reality. And as each year with more bike lanes and pedestrian plazas cropping up, making life in the city easier for cyclists and pedestrians, drivers are being forced to use ever crushingly congested corridors. So if you, a friend or family member have been involved in a NYC taxi accident, a qualified, compassionate personal injury lawyer can help.
New York’s 50-H Hearings: The Pre-Action Hearing For Municipalities
Under New York State Law, municipalities like the City of New York are entitled to conduct a pre-action hearing on any claims they receive. Known as 50-h hearings after the section of Municipal Law that created them, these pre-action hearings must be requested by a municipality and are designed to provide the municipality with enough information to investigate a claim and an opportunity to settle a case early.
The 50-h hearing is a key component of any case involving a municipality. Managed correctly, it can turn into an advantage for the plaintiff, but managed poorly, it can undermine a case. I have prepared the following question and answers to give you more information about New York’s 50-h hearings.
Who may request a 50-h hearing?
The law says that a municipality is entitled to a pre-action hearing and defines a municipality as a “city, county, town, village, fire district, ambulance district or school district.”
Do 50-h hearings automatically take place?
No. The municipality must request the hearing. If the municipality does not request the hearing within 30 days of receiving the claim, they lose the right to hold a 50-h hearing.
Where do the 50-h hearings take place?
50-h hearings usually occur outside the courtroom and usually take place in a lawyer’s office or the office of a court reporter.
What is the purpose of the 50-h hearing?
The 50-h hearing is designed to give the municipality an opportunity for an early investigation of the claim to allow for an early resolution the claim. The law states that a municipality may demand “an examination of the claimant relative to the occurrence and extent of the injuries or damages for which claim is made.”
Who attends the 50-h hearing?
The people attending a 50-h hearing can vary, but will include the following: the lawyer for the municipality, a stenographer, the person who filed the claim (“the claimant”) and the attorney for the claimant.
What happens at the 50-h hearing?
The hearing begins with the stenographer giving the claimant an oath. Then the lawyer for the municipality will ask the claimant a series of questions. The claimant does his or her best to answer the questions. The claimant’s attorney may interrupt if a question is inappropriate. The stenographer will record everything said at the hearing.
That sounds like a deposition (also known as an Examination before Trial); are 50-h hearings the same as a deposition or EBT?
No and that is part of the problem. By law, the questions should be limited to questions about “the occurrence and extent of the injuries or damages for which claim is made.” However, many attorneys representing municipalities will stretch those boundaries and ask much broader questions. The claimant’s attorney must stand up for the claimant’s rights and object to any inappropriate questions.
Can the testimony taken at the 50-h be used in court?
Yes. If you testify at a 50 hearing, you testify under oath and your testimony can be used at trial.
Must a claimant participate in the 50-h hearing?
If the municipality invokes its right to a 50-h hearing, then the claimant must participate. Failure to do soon in a timely manner could prevent the claimant from proceeding with a lawsuit.
The 50-h sounds like it only benefit the municipality. Is that true?
I tell my clients that we can turn the 50-h hearing to our advantage. We want to accomplish several objectives with the 50-h hearing:
- Tell a clear and believable account about the incident with the police
- Demonstrate the believability of my client as a witness
- Demonstrate our preparedness of the case and our ability to proceed to trial
Turning the 50-h hearing to the advantage of the person filing the claim depends upon the experience of the attorney, the preparation for the day and the attorney’s zealousness in protecting his or her client’s rights.
How important is the client preparation for the 50-h Hearing?
Preparation is always important. I provide my clients with a guide to the 50-h hearing, a report with all the information the client will need to prepare for the 50-h hearing. We then meet to go over the guidelines and to prepare fully.
Do you have more questions about New York’s 50-h hearings?
I hope you found this article about New yOrks 50-h hearings helpful. If you have additional questions or if you have a case you would like to discuss, please call me and I will be glad to discuss your rights, answer your questions and help you with your potential case. You can call me at 1-800-660-1466 or send me an e-mail at Carol@SchlittLaw.com. The consultation is free and I will be glad to help you. You can also visit my web site: www.SchlittLaw.com.
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