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Katter Law Firm NYC Personal Injury Blog

Tuesday, August 26, 2014

3 Reasons Why Insurance Companies Love to Settle Personal Injury Claims “Out of Court”

After a serious accident, an insurance claims adjuster will often contact the injured person to try to settle the case informally, “out of court,” without lawyers. The adjuster works for the insurance company of the person who caused the injury - not the injured party. The adjuster promises a quick payment and no legal fees. While this may sound tempting, here are three important reasons why you should hire an experienced personal injury lawyer to fight for you.

1. Insurance companies know the dollar value of your injuries.


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Wednesday, August 13, 2014

No Legal Fee Unless You Win? What’s That Mean?

Often personal injury lawyers advertise “No fees unless you win,” but what does that really mean?

Most personal injury lawyers will speak, at no cost, with the injured person to answer their question about whether they have a legal claim. If the lawyer believes that there is a case, and the client agrees to go forward, they will sign an agreement called a retainer. Generally, retainers state that the lawyer will represent the client for a particular case and that the client will pay for the legal services.

However, many personal injury lawyers agree to have their legal fee paid, as a percentage of the total recovery, only if they win money for the client. The legal fee is earned only after that money is collected. No legal fee is owed if money is not collected.


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Tuesday, July 29, 2014

Senior Safety Alert: Antipsychotic Use On The Rise

Nursing homes prescribe patients dangerous medications at an unusually high rate -- 20% of US nursing home residents are given antipsychotic drugs that aren't necessary.

Antipsychotics are powerful psychiatric medications with serious and permanent side effects, including death. If only 2% of the general population needs these medications, why do nursing homes prescribe them to patients at ten times that rate?  

These drugs were initially intended for people with severe mental illness such as schizophrenia or bipolar disorder. They're not intended to treat people with Alzheimers and were repeatedly denied approval for use in patients with dementia. They increase memory loss and crush people’s spirits.


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Monday, July 14, 2014

Car Crashes on the Rise

It's shocking that already this year, 165 people have been killed in New York City as a result of car accidents. 

Thousands more have survived serious car accidents, but have suffered critical injuries and fractures. Many people injured by careless drivers have not been able to work or carry on their usual activities and routines. 

Five Tips to Avoid Collisions: 

1. Don’t text, talk or use your smartphone while walking across a street.

2. Don’t text, talk or use your smartphone while operating a motor vehicle.

3. Be on the lookout for vehicles or pedestrians entering your lane of traffic.


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Monday, June 30, 2014

Albany Preserves Construction Worker Safety Laws

New York still has strong laws to protect construction workers, despite a recent push by insurance and construction interests to weaken them.  

Scaffold Safety Law

Since the 1920s, New York’s “Scaffold Law” has protected construction workers, who work at heights, from falls. It does that by placing the burden of providing safety equipment on the property owner and the general contractor. The owner and general contractor have the most control over the job site and are in the best position to make sure that safety equipment is used and and safety rules are followed.


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Monday, June 2, 2014

Should the No-Fault Law’s “Serious Injury” Threshold Be Changed?

New York’s No-Fault law allows people injured by careless drivers to receive payments for their medical bills and lost wages. A higher standard is imposed in order for people to recover for their pain and suffering and future expenses. They must suffer a “serious injury.”


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Thursday, May 1, 2014

Has Your Personal Injury Lawyer Considered Alternative Dispute Resolution?

In November 2013 and January 2014 I had the pleasure of presenting continuing legal education programs on Alternative Dispute Resolution (ADR) at the Brooklyn Law School for the Practicing Law Institute, and at the New York County Lawyers Association.

ADR refers to voluntary methods by the parties suing each other to resolve their legal dispute out of court. ADR can either be in the form of a mediation or arbitration.


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Wednesday, April 9, 2014

The New Type of ER: “Exceptional Rooms” for Seniors

Appropriate emergency room care for seniors is a topic of critical concern. A recent New York Times article, Emergency Rooms Are No Place for the Elderly, discusses the challenges emergency care providers have balancing the extra care and attention older patients require with the need for speedy diagnosis and treatment.

Many seniors suffer from multiple, chronic medical conditions, including high blood pressure, heart disease, and diabetes. If these conditions are not treated regularly, serious and even life-threatening complications can occur. Unfortunately, too often, people put their health care on the the “back burner,” and otherwise treatable illnesses become too disabling to ignore. As a result, a hospital visit for emergency treatment may be necessary.


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Friday, March 21, 2014

For Careless Property Owners, No Notice May Be Good News

If you’ve been injured from a fall on a property defect, and want to bring a legal claim, the owner must have had known about the defect, before you fell.

It’s a common, but false assumption, that just because you’re injured on someone else’s poorly maintained property, you automatically have the right to sue them for causing your injuries. Instead, the law requires that in order to hold an owner responsible for your injuries, they must have either known or should have known about the danger that resulted in your being harmed. The legal term for this knowledge is notice.


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Thursday, March 6, 2014

Have You Been Injured on a Frozen Sidewalk this Winter? The Law May Provide Relief

With this winter’s heavy snow and extreme cold, slippery sidewalks are still a major safety concern for pedestrians.

After a snowfall, New York City law requires property owners to remove snow and ice from their sidewalks. If the property owners fail to do so within a certain period of time, injured parties may bring legal claims against the owners to recover damages - including medical bills, lost wages, and pain and suffering.


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Monday, February 10, 2014

Claim Denied? Five Ways to Make Sure Your Insurance Covers Your Loss

Insurance is a common purchase. Many people buy insurance to protect themselves in the event that they suffer a loss or damages in their home or business. Some people buy long-term healthcare insurance to be able to pay for that care, if it is needed. Under the law, automobile and health care insurance are mandatory. The insurance policy is the written agreement between the insurance company and the policyholder. It states what premiums to be paid, the specific risks covered and the maximum amounts that will be paid. It also contains exclusions, which are the losses that are not covered. The company's claims procedures are in the policy. Consumers should read the entire policy before they file it away to make sure they have the insurance coverage they intended.


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