Rear-end collisions are among the most straightforward traffic cases in New York law, as it is often presumed that the rear driver is at fault. Nonetheless, such cases can still be complicated, as demonstrated in a recent New York opinion issued in a case involving a chain-reaction collision. If you…
In medical malpractice litigation, plaintiffs must not only allege negligence but also present competent evidence linking that negligence to a patient’s injury. This requirement is particularly important in delayed diagnosis cases, where causation hinges on whether earlier intervention would have changed the outcome. A recent decision from a New York…
Medical malpractice cases often turn on whether a provider responded appropriately to a patient’s symptoms during postoperative care. Under New York law, healthcare professionals must adhere to accepted medical standards when evaluating signs of complications, including potential infections. As such, conflicting expert opinions on the standards of care can prevent…
In pedestrian accident cases, courts often examine whether environmental conditions played a role in the incident. One significant factor is the visibility of traffic control signals. New York law imposes a nondelegable duty on municipalities to maintain roadways, including ensuring that traffic signals are not obscured by foliage or other…
In motor vehicle accident cases, establishing which driver had the right-of-way is often key to determining liability. Under New York law, a driver who proceeds through an intersection with a green light is generally entitled to assume that other motorists will obey traffic signals. A recent New York decision in…
In medical malpractice litigation, clarity and timeliness in stating claims are essential. Once a case has progressed past the discovery phase and has been certified as ready for trial, courts are reluctant to allow major changes to a plaintiff’s theory of the case, as demonstrated in a recent New York…
When large commercial vehicles shed parts while in motion, nearby motorists can suffer serious injuries. These incidents often raise questions about vehicle maintenance, driver oversight, and liability. However, when the underlying facts are disputed, courts are often reluctant to decide the case before full discovery and trial. A recent New…
Mental health treatment involves delicate clinical decisions, especially when a patient is at risk of self-harm. When a patient dies by suicide shortly after receiving psychiatric care, surviving family members may pursue legal action if they believe the care provided was inadequate. These cases are emotionally complex and legally challenging,…
When serious car accidents occur on public roadways, injured parties often look to government entities for compensation, alleging failures in roadway maintenance or design. However, these cases frequently hinge on whether the state met its legal duty to maintain roads in a reasonably safe condition. A recent New York ruling…
Missed or delayed cancer diagnoses can have tragic consequences, and New York courts closely scrutinize such cases, especially when statutory limitations are in dispute. A recent New York case sheds light on how New York’s “Lavern’s Law,” which extends the statute of limitations for undiagnosed cancer claims, plays a pivotal…