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August 2019 Archives

Premises liability: What to do after a slip-and-fall accident

A slip-and-fall accident can happen in the blink of an eye. Under New York laws, if this occurs as the result of a property owner's negligence, the victim might have grounds to recover financial and emotional damages. However, there are crucial steps to take immediately after such an incident to avoid jeopardizing a successful premises liability lawsuit in which fault will have to be shown.

Medical malpractice claims must meet 4 elements to be valid

What are the legal options for people who have suffered severe health damages as the result of the negligent conduct of medical professionals? Each year, thousands of people nationwide, including New York, pursue claims for financial relief to cover damages caused by medical malpractice. However, unfavorable outcomes do not necessarily constitute viable medical malpractice lawsuits, and the patient must prove four legal elements.

Wills: Testamentary capacity compromised after dementia diagnosis

For estate planning documents to be valid in New York and elsewhere, the testator must have had testamentary capacity when the papers were signed. In cases in which wills were signed or modified after dementia diagnosis, challenges might be filed. One man had several questions after his three siblings pressured their father into changing his will.

Medical malpractice: Neil Armstrong's family settles claim -- $6M

Most New Yorkers trust doctors with their lives because of their extensive training and the Hippocratic Oath physicians must take. Unfortunately, that trust is sometimes misplaced and keeps many people from asking questions or expressing their concerns about medical procedures or treatment. The medical malpractice claim that followed the death of an American icon underscores the importance of patients being fully informed of their choices and the potential outcomes of proposed surgical procedures.

Multiple injuries possible in bus vs. car accidents

Commuting on the busy roads of New York state could be dangerous. This was recently underscored by a collision between a car and a bus. Car accidents that involve large trucks or buses typically result in multiple injuries suffered by occupants of the vehicles. In this case, 10 people were admitted to the hospital for treatment of crash injuries.

Contested wills often follow allegations of undue influence

New York laws allow people to create and maintain estate plans to choose to whom assets will be left upon their deaths. These plans typically include wills and trusts, and inter vivo transfers could also form part of estate planning. Unfortunately, many unscrupulous opportunists find ways to misuse others and take advantage of them. Typical targets are older people who own substantial assets and who are vulnerable because of illness, memory problems and isolation from family members.

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