A dismissed personal injury case could end your ability to get paid—for good. You want to do everything you can to ensure the defendant in your case can't win a Motion for Summary judgment. Here are two issues that can kill your case. #1) Procedural Problems The most...
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Why 92% of Personal Injury Cases Settle Out of Court
by Arye, Lustig & Sassower | Jul 17, 2023 | Personal Injury
The big court cases make headlines. They come with huge numbers: $800,000. $11 million. $13 million. Even bigger numbers. You'd be forgiven for thinking a big, public, messy trial is the way to go regarding your personal injury case. In reality, 92%...
Why Did My Insurance Company Get Part of My Personal Injury Settlement?
by Arye, Lustig & Sassower | Jul 10, 2023 | Personal Injury
After you've been injured by an accident, the first party to pay your bills is generally your health insurance provider, if you have one. But your health insurance provider isn't liable for injuries caused by another party's negligence. The negligent party is...
What Your Lawyer Must Prove in Your NYC Personal Injury Case
by Arye, Lustig & Sassower | Apr 3, 2023 | Personal Injury
Personal injury cases aren't meant to compensate you for every accident that could possibly happen. They are only meant to compensate you for injuries caused by another person's negligence. When you sit down with us to evaluate your case, we'll ask ourselves whether...
How Do Contingency Fees Work in a New York Personal Injury Case?
by Arye, Lustig & Sassower | Mar 21, 2023 | Personal Injury
Contingency fees are a boon for many of our clients. They allow us to take all the up-front risk of taking on a case without asking for a large retainer or charging an exorbitant hourly rate. Contingency fees give people the power to gain representation when their...
How Does Shared Fault Work in a New York Personal Injury Case?
by Arye, Lustig & Sassower | Feb 22, 2023 | Personal Injury
New York uses the "pure comparative fault" system to evaluate responsibility in accident cases. This rule applies to all personal injury cases, not just car accidents. For example, in a slip and fall case, the defendant might argue you bear a percentage of fault for...
3 Reasons Why It’s Better to Settle Your NYC Personal Injury Case
by Arye, Lustig & Sassower | Feb 20, 2023 | Personal Injury
Some of our clients are surprised to learn we push to settle personal injury cases rather than litigate them. So do most lawyers. 95% of personal injury cases settle out of court. Here is why you don't want to go to trial, despite the big, flashy, headline-making...
What is a Lien on a New York Personal Injury Case?
by Arye, Lustig & Sassower | Jan 30, 2023 | Personal Injury
A lien is a right to claim a portion of your personal injury settlement. It may be awarded to a third party with a valid interest in your case. Liens are a normal part of most personal injury cases. Who can file a lien against your case? Hospitals and other medical...
When is it Possible to Recieve Punitive Damages for Personal Injury Cases?
by Arye, Lustig & Sassower | Jan 6, 2023 | Personal Injury
Punitive damages can significantly increase the value of your personal injury claim, but courts don't often award them. There is no cap on punitive damages, and the award amount is often substantial. You won't see them when a case settles because a jury or a judge...
How is Pain and Suffering Calculated in New York City?
by Arye, Lustig & Sassower | Dec 13, 2022 | Personal Injury
Pain and suffering damages, also known as non-economic damages, make up a significant portion of many personal injury awards here in New York City. Yet these awards are poorly understood by the vast majority of plaintiffs who come our way. Here's what you need to know...
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