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after an auto accident

8 Things You Should Do Immediately After an Auto Accident

by Richard A. Dubi

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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Filed Under: Insights Tagged With: car accident

estate administration

Beware the Pitfalls of Estate Administration

by Richard A. Dubi

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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Filed Under: Insights

mallela

Defending a Mallela Fraud Lawsuit

by Richard A. Dubi

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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Filed Under: Insights

Commingling

Commingling Funds: Ethics Violation, Malpractice, or Criminal Activity?

by Richard A. Dubi

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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Filed Under: Insights

Elevator Accidents

The Deadly Consequences of Elevator Accidents

by Richard A. Dubi

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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Filed Under: Insights

civil RICO

What is a Civil RICO Case?

by Richard A. Dubi

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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Filed Under: Insights

What is an Examination Under Oath?

by Richard A. Dubi

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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Filed Under: Insights

traumatic brain Injury

Traumatic Brain Injury: Grave Risk for Construction Workers

by Richard A. Dubi

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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Filed Under: Insights

medical malpractice lawsuit

Filing a Medical Malpractice Lawsuit in New York

by Richard A. Dubi

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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Filed Under: Insights

Contesting a will

Contesting a Will in New York

by Richard A. Dubi

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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Filed Under: Insights

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