Can You Reopen a Personal Injury Case After Accepting a Settlement?
In New York, a signed settlement release is usually final. Courts reopen a case only for narrow reasons such as fraud, duress, or a mutual mistake about the facts, and a worse-than-expected injury alone is rarely enough. In most cases, no. Once you sign a settlement release in New York, the agreement is final, and...
Can You Reopen a Personal Injury Case After Accepting a Settlement? Continue reading…What to Do If Your Ex Violates Your Parenting Time Agreement
If your ex violates a parenting time agreement, the best response is usually to document the violation, avoid retaliating, and take appropriate legal steps to enforce the Court Order. New York courts take parenting time violations seriously, particularly when one parent repeatedly interferes with a child's relationship with the other parent. Parenting time agreements are...
What to Do If Your Ex Violates Your Parenting Time Agreement Continue reading…How Long Do I Have to File a Pedestrian Injury Claim?
New York’s three-year statute of limitations is not your only deadline. No-fault insurance requires written notice within 30 days. Claims against a municipality generally must begin with a notice of claim within 90 days of the accident, though courts may permit late filing in limited circumstances. After a pedestrian accident, time works against you in...
How Long Do I Have to File a Pedestrian Injury Claim? Continue reading…Does My Child’s Preference Affect Custody?
A child’s preference is one factor New York courts consider in custody decisions, but it is never the only factor and it is never automatically controlling. The court must determine that the arrangement serves the child’s best interests overall. In New York, your child’s preference could impact custody arrangements, but with limits. Courts allow children...
Does My Child’s Preference Affect Custody? Continue reading…What If I’m Hit by a Drunk Driver on Long Island?
A drunk driving conviction does not automatically pay your medical bills. To recover compensation in New York, you typically need to file a no-fault claim and, when injuries are serious, a separate personal injury lawsuit against the at-fault driver. The crash happened in seconds, but the aftermath stretches into weeks of medical appointments, missed work,...
What If I’m Hit by a Drunk Driver on Long Island? Continue reading…What If My Spouse Won’t Sign the Divorce Papers?
In New York, your spouse cannot prevent a divorce by refusing to sign. If they do not respond after being properly served, the court can grant a default judgment and finalize the divorce without their participation. You filed for divorce, had your spouse served, and now the papers are sitting untouched. They will not sign,...
What If My Spouse Won’t Sign the Divorce Papers? Continue reading…Can a Motorcycle Passenger File a Claim?
Motorcycle passengers in New York are not covered by no-fault insurance, but that exclusion works in your favor. You can file a personal injury claim against any at-fault party without needing to prove a "serious injury" under state insurance law. You were not driving. You were not making the decisions. But now you are dealing...
Can a Motorcycle Passenger File a Claim? Continue reading…Can Dashcam Footage Help My Injury Case?
Dashcam footage can be among the most powerful pieces of evidence in a personal injury claim, but only if it is properly preserved and presented. The accident happened days ago, and now it is your word against the other driver's. The police report tells one version of events, the insurance adjuster has another, and your...
Can Dashcam Footage Help My Injury Case? Continue reading…Can I Get Custody Without Being Married?
In New York, unmarried parents have the same custody rights as married parents once paternity is established. The court decides custody based on the best interests of the child, not marital status. Yes — but until you have a court order, your parental rights are essentially unenforceable. If the other parent stops letting you see...
Can I Get Custody Without Being Married? Continue reading…Can I Recover Damages if I Was Partially at Fault as a Pedestrian?
Under New York's pure comparative negligence rule, you can still recover compensation after a pedestrian accident even if you were partially at fault. Your damages are reduced by your percentage of responsibility, but you are never completely barred from recovery. Yes — and you don't have to be blameless to do it. New York follows...
Can I Recover Damages if I Was Partially at Fault as a Pedestrian? Continue reading…What Are My Rights as an Injured Passenger?
As a passenger, you typically bear no fault for a car accident. New York law gives you the right to pursue compensation from multiple sources, including no-fault insurance and the at-fault driver's liability coverage. Hospital bills, missed paychecks, and weeks of physical therapy can add up fast after a car accident. When you were a...
What Are My Rights as an Injured Passenger? Continue reading…Do I Need a Lawyer if My Spouse and I Agree on Everything?
If you and your spouse are going through a divorce but you have agreed on everything, you may be tempted to forego legal counsel. Although an uncontested divorce is preferable to a contested one, you could be jeopardizing your legal interests if you don’t have an attorney. For this reason, it’s time to consider hiring...
Do I Need a Lawyer if My Spouse and I Agree on Everything? Continue reading…