If you are unfortunate enough to have an auto accident on one of New York’s many streets, highways and freeways, your first reactions undoubtedly will be surprise, shock and fear.
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Beware the Pitfalls of Estate Administration
The word “estate” can have several meanings. As USLegal explains, however, when most people use this word, they mean the assets and possessions a decedent owned at the time (s)he died and which go through probate before being distributed to the decedent’s heirs and beneficiaries according to his or her will. The probate estate does
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Defending a Mallela Fraud Lawsuit
New York’s no-fault insurance laws require an insurance company to pay or deny a claim within 30 days of receipt from a medical provider who has rendered care and treatment to an auto accident victim and obtained his or her assignment of benefits. However, many unsuspecting physicians and other healthcare providers who have provided such
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Commingling Funds: Ethics Violation, Malpractice, or Criminal Activity?
When an attorney receives money from a client, such as a retainer for attorney’s fees to be earned in the future, or receives money on behalf of a client, such as in payment of a settlement or jury award, that money belongs to the client, not the attorney personally. Under the Rules of Professional Responsibility,
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The Deadly Consequences of Elevator Accidents
Few people think about safety issues when getting on an elevator. For New Yorkers especially, riding in an elevator is a regular and normal part of daily life. The New York City Buildings Department reports that there are over 70,000 elevators and escalators in New York City alone. For the most part, they operate smoothly
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What is a Civil RICO Case?
In their never-ending zeal to deny claims, insurance companies often file a civil RICO case against physicians who treat auto accident victims and accept payment via an assignment of their patients’ no fault insurance benefits. Such suits generally allege fraud on the part of the physicians; for instance, that they unlawfully incorporated their professional medical
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What is an Examination Under Oath?
An Examination Under Oath (EUO) is similar to, but different than, a deposition. As FindLaw explains, an EUO is a “formal proceeding during which an insured, while under oath. . . is questioned by a representative of the insurer regarding the presented claim.”
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Traumatic Brain Injury: Grave Risk for Construction Workers
Construction workers suffer more traumatic brain injuries than workers in any other industry according to the CDC. Over 2,200 construction workers received fatal TBIs between 2003 and 2010, accounting for 25 percent of all construction fatalities.
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Filing a Medical Malpractice Lawsuit in New York
Of all the various types of professional malpractice, medical malpractice is the most prevalent. It is also the deadliest. In fact, researchers at JHU found that preventable medical errors in health care facilities are the third leading cause of death in the U.S.
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Contesting a Will in New York
Contesting a will is a serious undertaking and not everyone is entitled to do it. As Consumer Reports states, only an “interested party” may formally contest a will by filing a legal challenge. An interested party could include any of the following: Anyone named in the will A close relative of the decedent not named
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