In typical lawyer fashion, the answer to this oft-asked question is yes and no. The law of the State of New York sets forth that an employee cannot sue his/her employer for an injury that occurred while working. Those types of cases are governed by the Workers’ Compensation Law. Such an injured person can file a workers’ compensation claim through his/her employer’s insurance carrier.
If I’m Injured on the Job, Can I Sue?
June 3rd, 2011HELPING YOUR PERSONAL INJURY LAWYER HELP YOU
November 24th, 2010If a personal injury case has to be litigated, it could drag on for many years. This means that memories of important facts often fade by the time the parties testify. This failure to remember specific facts can severely damage the case.
NEW DWI LEGISLATION EFFECTIVE AUGUST 15, 2010
September 2nd, 2010Things just got tougher for those convicted of Driving While Intoxicated (DWI) in the State of New York. As of August 15, 2010, anyone who pleads guilty to, or is found guilty of, DWI must have an ignition interlock device installed in any and all vehicles registered under his/her name for a minimum of 6 months. To add insult to injury, the convicted person must pay for the installation and the monthly calibration of the device. Even worse, the law is retroactive to November 2009, which means that anyone arrested for DWI in November or thereafter who is still fighting the case is subject to this new law! This law does NOT apply to those who plead guilty to the lesser charge of Driving While Ability Impaired By Alcohol (DWAI).
Not Every Queens Slip and Fall Injury Is Entitled To a Claim
July 20th, 2010Not everyone who slips/trips and falls is entitled to a claim. If you cannot prove that the person or entity responsible for the premises created the dangerous condition or knew, and/or should’ve known, about the dangerous condition, then you will lose no matter the severity of the injuries. Thus, finding evidence of “notice” is often the key on these types of cases.
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Building A Personal Injury Case
June 15th, 2010One of the best ways to assist your attorney in building a personal injury case is by keeping a diary in which you write down the important details. By keeping track of the specific doctors you see, the dates you see them, the procedures they perform, the dates you miss from work and the days the pain prevents you from getting out of bed, you will help your lawyer create an impressive settlement package that will convince the insurance adjustor that you deserve top dollar for your pain and suffering.
Basic Tips For a Successful Winning Car Accident Claim
May 24th, 2010Most people injured in a Queens automobile accident fail to do the little things at the scene that can make the difference between a “he said…she said” case and a slam-dunk case. Some quick thinking can preserve key pieces of evidence that may forever disappear shortly thereafter.
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Driving While Intoxicated – What Is Considered Legally Intoxicated?
May 11th, 2010Vehicle and Traffic Law section 1192 states that a driver is “legally intoxicated” if his blood-alcohol level is .08 or above. This statute does not say anything about being drunk, tipsy or wasted. The bottom line is that two glasses of wine or beer during dinner with a friend just may land you in jail. You’d be surprised to find out just how little alcohol you need to blow a .08.
Welcome to Michael Dreishpoon!
March 11th, 2010Welcome to my blog. This will be an ongoing venture that will contain my unique perspective on personal injury and criminal law. My 19-plus years of experience have provided me with the ability to provide insight into case strategy and advice to those who have been injured or arrested. Log-in each week to stay abreast of the law and have your questions answered.