Ice and snow season has arrived in Upstate New York. As always, with this season comes an increase of slip and fall accidents. These accidents can happen anywhere: shopping mall parking lots, public parks, or even the sidewalk in front of your home. Although some people walk away with a minor bump or bruise after […]
What is “the Duty to Mitigate Damages”?
To “mitigate” means to decrease the severity, seriousness, or painfulness of something. In a personal injury case, the injured party has a duty to mitigate his or her damages. This means that you have a legal obligation to take reasonable steps to reduce the consequences of the harm inflicted upon you. To put it simply: You may […]
Damages in a Personal Injury Case
The concept behind a personal injury lawsuit is to make a negligent party compensate the victim for the harms suffered. One of the most important parts in putting together a personal injury case is determining what types of damages you have sustained and arriving at an estimate of the total value of your claim. The key to ensuring that you […]
Mitigating Damages After a Personal Injury Accident
If you have been injured as a result of the negligence, recklessness, or intentional actions of another, the law requires that you mitigate your damages. In simple terms, this means that you will need to use reasonable care and diligence to minimize your injury. To effectively do this, there are certain actions that you must take. For example: Go to all of […]
Insurance Carrier Denied Surgery Request
Under the New York State Workers’ Compensation Board’s Medical Treatment Guidelines a physician must file form C-4AUTH if a recommended surgical procedure is not consistent with the Board’s Medical Treatment Guidelines. In the vast majority of cases, form C-4AUTH is denied by the insurance carrier. However, many times the carrier has not properly filed their […]
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