How to Pursue a New York Car Accident Case Caused by an Improperly Maintained Vehicle

There are a wide array of ways that an auto accident can happen. There are intersection collisions involving turning vehicles. There are rear-end accidents. There are lane change accidents, and sometimes there are flying wheel accidents. In one recent case in which a wheel became loose and fell  off a car and struck another vehicle, the courts concluded that the injured driver could pursue liability claims against both the auto shop that worked on the car and the driver who was...

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New York City Worker Who Fell from Wobbly Ladder Wins In Accident Case

In a case involving a worker who fell from a wobbly ladder, the courts concluded that he was entitled to summary judgment (meaning a resolution in his favor based upon written motions without the need for a full trial) on the issue of liability. One of the keys to his success was a recent opinion that the New York Court of Appeals issued. The plaintiff in this case was a worker in the Bronx whose duties required the use of...

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Truck Accidents in New York, When You’re Hurt by a Driver Who Failed to Yield the Right of Way

Driving in New York, as with driving in any city, comes with certain risks that you’ll be involved in a truck accident. If you’re hit because a truck doesn’t yield after stopping at a stop sign, this type of crash can inflict substantial harm upon you. When this happens, it is important not only to get a favorable result but also to get one as efficiently as possible. In New York, under certain circumstances a party can expedite their case...

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Protecting Your Rights When You’re Injured in a New York Construction Accident Arising from a ‘Gravity-Related Risk’

Construction sites can be very dangerous places, with countless risks  of serious injuries. These can involve trucks or other large vehicles, falls from scaffolds, or falls into trenches. For one construction worker, he was injured after a run-in with two of these dangers – both a truck and a trench. In this worker’s case, the failures of the site owner were sufficiently established by the injured worker to allow him to obtain a summary judgment in his favor that declared...

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Rear-End Accidents and Securing Favorable Litigation Outcomes in New York

If you are keenly familiar with the rules of the road, you probably know that, as a driver, you are required to maintain a “safe following distance” between you and the vehicle in front you. If a rear-end collision takes place, it is generally presumed that the rear driver is at fault, having failed to maintain that safe distance.  If you were injured because someone rear-ended you, you may have a strong case that may allow you to win without...

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Altering the Theory of Your New York Slip-and-Fall Lawsuit — What Does It Mean for Your Case?

When you initiate a lawsuit seeking damages, the defendant in your case is obviously going to defend itself zealously; in other words, it is going to do everything within the rules to undermine your case. In the slip-and-fall case of a woman who fell on a ramp, the defendant tried to use the plaintiff’s “clarification” of her accident as a basis for getting the case thrown out of court. The courts, however, did not accept this argument and instead allowed...

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New York Construction Worker’s Win in Makeshift Ramp Case and What it Means for You

A New York construction worker secured a victory in his construction accident case after the Appellate Division upheld a lower court’s decision in his favor. The defense in the case attempted to portray the accident as one in which the injured worker was to blame, but the courts did not accept these arguments because of the strength of the plaintiff’s case. The proof in this case showed that the plaintiff had not choice but to use a make shift ramp, and that...

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New York City Family Wins Judgment in Fatal Pedestrian Accident Case

It is, probably, one of anybody’s worst nightmares, but especially so if you are a senior. You’re standing on the curb waiting to cross safely. You wait until the pedestrian signal tells you to proceed, and only then do you step forward. As you’re in the intersection, though, you’re faced with a large vehicle that has turned a corner and is coming straight for you. These “nightmare” scenarios are, unfortunately, a reality on too many occasions. For the family of...

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Ladder Accidents, New York’s Labor Can Help You in Your Construction Accident Case

When you take a job working in construction, you may face many challenges on the job. Having to work without proper safety equipment and protections should not be one of them. For one man injured while working on the exterior of a new fast-food restaurant, that’s exactly what he claimed happened to him. In his case, recently decided by the Appellate Division, First Department, his proof indicating that he received no safety equipment was enough to trigger the rule of...

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Will Your Immigration Status and Use of an Alias Prevent You From Pursuing a Construction Accident Case? New York Courts Say ‘No’

If you’ve read this blog before, you know from previous posts that your immigration status does not, by itself, bar you from recovering damages if you’ve been injured working on a construction job. However, what happens if your situation is more complicated than simply being undocumented? What if you’ve been working under a name that differs from your real name? Will the fact that you’ve been using an alias prevent you from seeking justice if you get hurt at your...

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Hurt in a Car Accident – Seek Compensation, Regardless of Legal Status

Hurt in a Car Crash? Let Us Help You Get Compensation Your Legal Status Won’t Prohibit You from Filing a Lawsuit You’ve been hurt in an automobile accident, but you’re afraid to seek compensation for your losses because you are not a legal resident of the United States. Don’t let your fears about your immigration status keep you from protecting your rights. If you have been hurt in a motor vehicle accident in New York, as a result of the...

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Injured as an Undocumented Construction Worker? You Have Rights!

Injured Construction Worker? Your Legal Status Is Not Important, You Can Still File a Personal Injury Claim Your Legal Status Does Not Affect Your Right to Seek Compensation If you’re an undocumented worker in the construction trades in New York, you’re not alone. Many owners and contractors hire undocumented workers as a way to manage costs on a project. But what happens if you are hurt in a construction site injury? Will your immigration status prevent you from recovering any...

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Attorney Jacob Oresky Celebrates Career Milestone

Providing Effective Legal Counsel for 30 Years Attorney Jacob Oresky has reached a significant career milestone, completing 30 years of representing the interests of injured people in Queens, Brooklyn, the Bronx and Long Island. Born and raised in New York City, Mr. Oresky graduated from Pace University School of Law in 1986 and was admitted to the New York Bar in 1987. After honing his skills at one of the city’s larger law firms, he opened his own practice in...

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Emergency Department Malpractice in New York

The job of medical care providers in the Emergency Department is to evaluate and a patient’s medical condition correctly and decide on the best treatment. If there is an emergency condition, it must be diagnosed as quickly as possible so that the proper care for the emergency can quickly be instituted. Proper Emergency Department practice may be referral to the proper medical specialty, admission to the hospital or transfer to a different institution where the appropriate care can be rendered....

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Pedestrian -Car Accidents In The Middle of The Block—Who’s Responsible?

When a car and a pedestrian collide, the car wins—thousands of pounds of metal can cause serious and catastrophic injuries, even at very slow speeds. When the accident occurs in a crosswalk, where the pedestrian has the right-of-way, or where the motorist runs a stop sign or stop light, there may be little question of liability. But what happens when a pedestrian crosses the road in the middle of a block? Is the pedestrian out of luck because he or...

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