May 2019

What’s the Difference Between Criminal and Civil Court?

Posted on May 16, 2019 in
Some people may remember the 1990s O.J. Simpson murder case. The erstwhile football standout was arrested and charged with a very brutal double murder. One of the victims was his estranged wife, Nicole Brown Simpson. After a very long trial, a jury declared that Simpson was not guilty. A few years later, another California jury heard basically the same evidence and concluded that Simpson killed his ex-wife and her companion. That civil court jury ordered Simpson to pay $25 million in wrongful death damages. How could two different juries...
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Electronic Evidence in Car Crash Claims

Posted on May 14, 2019 in
In order to establish negligence by a preponderance of the evidence (more likely than not), the victim/plaintiff must have evidence in a car crash claim. Until very recently, New York personal injury attorneys had to rely almost entirely on witness testimony and the police accident report. These sources are still very useful, but they also have significant problems. Witnesses are sometimes biased or unqualified. Maybe they were in a car crash themselves or maybe they were not wearing their glasses. Similarly, the police accident report is sometimes incomplete. If...
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The Three Categories of Negligence in New York Car Crash Claims

Posted on May 9, 2019 in
Here in the Empire State, human error causes about 95 percent of all car crashes. These incidents are accidents to the extent that they are unintentional. But they are not accidents in the sense that they were unavoidable, at least for the most part. Lightning strikes, sudden wind gusts, and other acts of nature cause a handful of car crashes. But the vast majority involve one of the types of negligence listed below. If the tortfeasor (negligent driver) was negligent, car crash damages usually include compensation for economic losses,...
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