Tag Archives: prove

Three Elements You Must Prove in Motor Vehicle Accident Cases — NY Attorney Jonny Kool explains



Three Elements You Must Prove in Motor Vehicle Accident Cases — NY Attorney Jonny Kool explains
http://www.quellerfisher.com/
(212) 406-1700

New York personal injury attorney Jonny Kool explains the three important elements you need to prove in your accident case in order to seek compensation.

Every personal injury case needs to prove three things in order for the victim to receive money for their pain and suffering. These elements are negligence, causation and damages.

Proving negligence is the toughest part of any case. We have to prove that the other driver was somehow careless and caused your injury. Sometimes this can be straightforward and easy with witnesses and testimony, sometimes it’s harder with a “he said, she said” sort of situation. But once we’re able to prove negligence, we can then move on to causation. Just because the other driver was careless and caused an accident doesn’t mean you were injured. We’re going to need doctor and hospital records to prove how you were hurt and how that will affect you for the rest of your life. Finally, we prove damages. This is easier, as we can calculate your resulting expenses and just how much money you’ve lost through not being at work. Your case must consist of all three elements in order to successfully win your personal injury matter. Watch this video to learn more.

For more information, visit our educational website at http://www.quellerfisher.com, where you can chat with us online 24 hours a day, 7 days a week. If you have legal questions, I want you to call me at (212) 406-1700. I welcome your call.

Queller, Fisher, Washor, Fuchs & Kool, L.L.P.
233 Broadway
Suite 1800
New York, NY 10279
(212) 406-1700

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The auto insurance company's attorney says my injury was pre-existing. How do I prove it was not?

The auto insurance company’s attorney says my injury was pre-existing. How do I prove it was not?

The auto insurance company’s attorney says my injury was pre-existing. How do I prove it was not? | Eighmie Law Firm, P.A. | Serving the Treasure Coast and the Palm Beaches | Call to schedule a consultation | 772-905-8692 | http://eighmielawfirm.com/ | 2010 SE Port St. Lucie Blvd. Port St. Lucie FL 34952

Proving a case of pre-existing injury comes down to whether there is evidence that an individual may have had an injury prior to the date of the Florida auto accident. If an individual had had, for example, a prior car accident or maybe an injury from a worker’s comp claim, hurt at work, and they can prove that, that would be a pre-existing condition. Most of the time, however, [that 00:00:38] there is no such evidence and this is usually just a scare tactic from the insurance company trying to lessen the value of a claim by just claiming an injury is pre-existing, but having no basis or foundation to actually prove it.

NY Car Accident Case: What Witnesses Needed to Prove Damages? Attorney Gerry Oginski Explains

NY Car Accident Case: What Witnesses Needed to Prove Damages? Attorney Gerry Oginski Explains

NY Car Accident Case: What Witnesses Are Needed to Prove Your Damages?
Attorney Gerry Oginski Explains
http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm
516-487-8207
Email: Gerry@Oginski-Law.com

In a car accident case here in New York, your trial likely be held in two parts. The first part is to establish liability, or who’s actually responsible for the happening of your accident.

The second part is to determine what injuries, damages and disabilities you suffered as a result of someone else’s carelessness.

It goes without saying that the only way you can get the part two, the damages part of your trial is if you are successful in showing that the person you have sued was legally responsible for causing or contributing to your accident.

Assuming you have reached now the second phase where a jury has determined that someone was careless and negligent and caused your accident, the next phase of your trial will be damages.

What exact witnesses will you need in order to prove that you suffered harm and loss because of that carelessness?

The answer to that question will depend on what injuries you suffered. It will also depend on whether there are economic losses, financial losses to you and your family as a result of your accident.

In addition to economic losses, we look to see how the injury has disabled you, disfigured you and whether you are incapacitated. We also look to see how you suffered and what pain you experienced as a result of this car crash.

Typically, we will always want to bring in your treating doctors to explain to the jury what problems you had initially, what medical care and treatment they rendered to you and what they expect you to go through in the future, known as a prognosis.

In addition to medical doctors will also likely bring in a vocational rehabilitation expert if you are incapable or unable to return back to the type of job you were previously able to do.

This type of expert will help the jury understand what you might be capable of performing in the workplace based upon your current medical condition.

Another expert we can bring in is known as an economist.

That is an expert who specializes in understanding the value of money. The reality is that the value of money today is different than the value of money in the next 10, 15, 20 years.

When a jury evaluates your compensation, it’s important for them to understand the economic principles behind how the value of money changes over time.

We will often bring in family members including your spouse to talk about the problems you experience on a daily basis. It can often be much more persuasive to have someone tell your story for you rather than you telling it yourself.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6

To learn more about how car accident cases work in the state of New York, I encourage you to explore my educational website, http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm‬.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com

NY Car Accident: Driver Swears He Wasn't Speeding- How Do We Prove He's Right or Wrong?

NY Car Accident: Driver Swears He Wasn’t Speeding- How Do We Prove He’s Right or Wrong?

Driver Swears He Wasn’t Speeding…How Do We Prove He’s Right or Wrong?
http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm
NY Car Accident Lawyer
516-487-8207
Email: Gerry@Oginski-Law.com

You should know that in New York, in a car accident case, we don’t actually have to prove anything. Technically, we only have to show that you are more likely right than wrong. In legal terms that is known as the ‘preponderance of evidence’.

In every single car crash case, I always want to know what speed the driver of the other car was going. I want to know his speed when he first saw your car.

I want to know his speed as he continued to progress to the point where the impact occurred.

I want to know his speed at the time of impact.

There’s a key reason for all this.

If the driver of the other car was speeding, that would be considered some evidence of negligence or carelessness. To get technical, that would be some evidence that the other driver violated the basic rules of the road.

We need only show that we are more likely right that wrong that he was speeding at the time of the accident. Then, we can argue at the end of the case that this is some evidence of carelessness.

In addition, we will always ask the judge to explain to the jury what it means if a driver violated the basic rules of the road. There is a special jury instruction that is given to the jury in that instance.

Basically, if the jury determines that the other driver violated the rules of the road, that will be some evidence of negligence.

Taken together with other evidence presented during the case including police reports, witnesses and other testimony, the jury can come to the conclusion that we are more likely right than wrong that the person you have sued is legally responsible for causing your accident and your injuries.

During pretrial testimony, every driver will swear, whether intentionally or unintentionally that they were not speeding. It is my job, as the attorney who represents an injured victim, to determine whether or not that testimony is credible and truthful.

There are different ways to determine whether or not the witnesses is being truthful.

None of those methods involve injecting the witness with truth serum.

Instead, there are different strategies and tactics that we use to lock a witness in to specific pre-trial and trial testimony about what they remember concerning their speed, their distance from one point to another and the time it took them to go that distance.

Watch the video to learn more…

Here’s a cardiac malpractice case where I was able to achieve a $6 million dollar settlement for my client: http://www.oginski-law.com/video/cardiac-malpractice-in-ny.cfm

Here’s a foot surgery case where a Westchester, NY jury awarded my client $1.55 million dollars for her pain and suffering: http://ow.ly/azKg6

To learn more about how car accident cases work in the state of New York, I encourage you to explore my educational website, ‪http://www.oginski-law.com/library/new-york-car-accidents-12-key-deposition-techniques-in-a-car-accident-case.cfm.

If you have legal questions, I invite you to pick up the phone and call me at 516-487-8207 or by email at Gerry@Oginski-Law.com. This is what I do every day and I’d be happy to chat with you.

Law Office of Gerald Oginski
25 Great Neck Road, Ste. 4
Great Neck, NY 11021
516-487-8207

Email: Gerry@Oginski-Law.com

What Are Three Elements You Need To Prove Your Accident Case? -- NY Attorney Dallin Fuchs explains

What Are Three Elements You Need To Prove Your Accident Case? — NY Attorney Dallin Fuchs explains

What Are Three Elements You Need To Prove Your Accident Case? — NY Attorney Dallin Fuchs explains
http://www.quellerfisher.com/
(212) 406-1700

Listen as New York personal injury attorney Dallin Fuchs walks you through the elements you’re going to need in order to prove your accident case.

Each case we bring to court needs to meet several different criteria in order to prove your case. These criteria fall under liability, damages, and causation.

We need to show that someone is liable for the accident in which you’ve suffered harms or losses. This can either be the other driver in a car accident or the doctor treating you in a medical malpractice matter. Either way, whoever was careless or showed negligence in your case has to be held responsible.

We move on to proving your damages. These are the harms and losses you suffered such as lost wages, medical bills, prescription drugs, hospital stays, and all the other costs associated with your injuries. Your damages can also include non-economic items, as well.

Finally, we bridge both liability and damages with causation. How exactly did the person involved in your accident cause or contribute to your injuries? Without any of the three elements, your case will not be successful, and we cannot prove that you deserve compensation. Watch this video to learn more.

For more information, visit our educational website at http://www.quellerfisher.com, where you read more about personal injury using our legal resources.

If you have legal questions, I want you to call me at (212) 406-1700. I welcome your call.

Queller, Fisher, Washor, Fuchs & Kool, L.L.P.
233 Broadway
Suite 1800
New York, NY 10279
(212) 406-1700