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  • Personal Injury

    A Delay in Notifying Next of Kin of their Loved One’s death Violates the Right of Sepulcher

    By Dominique A. Penson

    A New York court has held that the City of New York violated the right of sepulcher by failing to timely notify a family that one of its members died in a car accident.  The common law right of sepulcher gives the next of kin an absolute right to the immediate possession of a decedent’s […]

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  • Train AccidentsPersonal Injury

    Amtrak Faces Only Limited Liability for the Crash in Philadelphia

    By Dominique A. Penson

    Regardless of how negligent Amtrak may have been in causing the train derailment and crash in Philadelphia, killing at least seven people and injuring dozens more, its liability for the accident cannot exceed $200 million.  The cap applies to all passenger railroads, and it includes punitive damages, which may come into play if the train […]

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  • Train Accidents

    One Person Hurt After LIRR Train Collides with Car

    By Dominique A. Penson

    A Long Island Rail Road (LIRR) train was recently involved in an accident in Patchogue when it struck a car. It was the second LIRR accident in the span of just two days, and has brought even more attention to the recent calls for new amendments to federal legislation that would greatly improve the safety […]

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  • Personal Injury

    Woman Struck by Cab in New York’s Times Square

    By Dominique A. Penson

    A California woman who was visiting New York City for the funeral of a friend suffered a severe leg injury in a freak accident in Times Square. She was reportedly lifting her luggage into the trunk of a yellow taxicab when suddenly another taxi appeared behind and struck her, sandwiching her and pinning her legs […]

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  • Auto Accidents

    Family Fears Teen Daughter Could Lose Leg After Bus Accident

    By Dominique A. Penson

    Jiahuan Xu, a 15-year-old girl in Brooklyn, was walking to school last month when she was suddenly struck by a Metropolitan Transportation Authority (MTA) bus. She had been crossing the street when the bus seemingly came out of nowhere. According to Xu, one of the bus’s wheels pinned her left leg for 15 minutes or […]

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  • Have You Been Seriously Injured?

    Take advantage of a free consultation with a NY-based Barasch & McGarry personal injury attorney, call 888-746-8212 or contact us online.

  • Auto Accidents

    The Risks Posed by Snow and Ice Storms Extend to Cases Arising Out of Them

    By Dominique A. Penson

    Be careful when you venture out into a snow or ice storm.  And be even more careful when you bring a case arising out of a slip and fall on ice or snow.  Most such cases end up getting dismissed by the courts.  New York hews to the “storm in progress” rule.  A property owner […]

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  • Auto Accidents

    Staying Safe in Taxi Cab Collisions

    By Michael Barasch

    It is well-known that many taxi cab passengers do not wear seat belts when they are in a taxi, even though they wear them dutifully while driving and riding in other vehicles. When passengers do not wear seat belts, they are more likely to end in the emergency room after smashing into the partitions designed […]

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  • Personal Injury

    Breakthroughs in the Treatment of Broken Bones

    By Michael Barasch

    Bone fractures are common injuries in motor vehicle collisions, construction accidents, and falls. For injured victims, there is an innovative treatment being developed that may enable faster recovery from bone fractures in the future. Researchers at the Georgia Regenerative Bioscience Center (RBC) have discovered a fracture treatment method they call fracture putty, which may allow […]

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  • Personal Injury

    Why Do You Need a Personal Injury Lawyer, and What will it Cost You?

    By Michael Barasch

    When you suffer a personal injury due to the actions of someone else, you might hold out hope that the responsible party would be willing to compensate you. While is the right thing to do, it rarely happens in such a straightforward manner. People who cause accidents often refuse to acknowledge the damage they have […]

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