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“Assumption of the Risk”
Where a person chooses to participate in an activity, he/she generally accepts the risks of injury normally associated with that activity. If the person suffers such an injury, he/she is generally...
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“Malpractice”
We hear people use this term all the time, but what does it really mean? The term refers to the failure by a person rendering professional services to meet the “Standard of Care”. Generally, the...
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When Your Child’s Injury Justifies Legal Action
As the end of school year approaches, your child is ready to trade his book bag for shorts and flip-flops. On the daily schedule is playing in the park, riding bicycles, and swimming at the local pool...
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“Statute of Limitations”
This refers to the time in which you must start a lawsuit to recover for damages or injuries. The statute of limitations is the period of time , where following an accident, injury or other act which...
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“Continuous Treatment”
The period of time during which you are receiving treatment from a doctor for one particular condition. The idea behind the concept of Continuous Treatment is that while a doctor is treating you for a...
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“Personal Injury Protection”
The portion of your automobile (or other vehicle) insurance policy which provides payment for the treatment of injuries to the driver or passengers in your car. Commonly referred to as “PIP”, this...
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“Independent Medical Examination”
An Independent Medical Examination (sometimes referred to as an Independent Medical Evaluation) is conducted by a doctor chosen by the person being sued as part of preparing to defend the injury he or...
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Are Independent Medical Examinations Really Independent?
The party you are suing arranges this examination as part of their defense (see my prior entry Independent Medical Examination). Understandably, you would never consider the IME doctor to be your...
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Supplemental Spousal Liability Coverage
In New York, your car insurance will not provide coverage for a spouse who is injured in a car accident where the other spouse was driving unless you have purchased “Supplemental Spousal Liability”...
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Can your Facebook Photos be “Discovered”?
In my last entry I started discussing what “Discovery” in a lawsuit might involve. I briefly explained that for the most part, the rules allowed a party in a lawsuit to get just about anthing that was...
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