Infants Comparative Negligence

In comparative negligence cases, an infant plaintiff is held to the standard of care exercised by a reasonably prudent child of like years, experience, intelligence and degree of development under the same circumstances. Thus, a child who ran into the street from between two parked vehicles and was struck by a car might still recover against a driver who was not paying attention, despite the child's own culpable conduct. Dugan v. Dieber, 32 A.D.2d 815, 302 N.Y.S.2d 423 (Second Dept. 1969). See also, PJI 2:48 (infant's standard of care in comparative negligence case); PJI 2:49 (infant plaintiff's violation of statute). Note: In general, an injured infant pedestrian can overcome a comparative negligence defense more readily than can an injured adult pedestrian.

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I am an experienced New York lawyer who has the time to aggressively pursue a personal injury case on your behalf. By knowing the law, we know who's right and who's wrong

Please call our office now if an insurer is refusing to cover your medical bills, compensate you for loss or diminution in earning capacity or cover the collateral costs of your injury.

Our office may also be able to help you recover for pain and suffering if you meet the threshold requirement for " serious personal injury " to sue under New York's "No Fault" automobile statue. This means more than temporary injury and disability, however it does not mean that your injury must be disabling. A permanent scare, or permanent painful condition resulting from damages to joints or ligaments is sufficient to meet this threshold even though you are not disabled or out of work.

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Auto Accident Facts

Thousands of innocent people per year are injured in car accidents as a result of the careless driving of others. According to the U.S. Department of Transportation, nearly 43,000 people died in car accidents in 2002. More than one-quarter of Americans have been involved in a car accident in the last five years.

Every 13 minutes, there is a death caused by a motor vehicle accident. Car accidents claim our very youngest and our very oldest populations. Americans from the ages of 1-33 are more likely to die from a car accident than from anything else. On the other side of the spectrum, elderly adults aged 75 and up are most affected by motor vehicle crashes.

Life Insurance & Auto Accidents

Most don't even have a life insurance policy that could pay for funeral expenses if the unthinkable happened. Considering the prevalence of auto accidents, it is important that automobile drivers educate themselves concerning auto accidents and the legal options that exist should an accident occur.

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