Are legal settlements and awards taxable?
Are legal settlements and awards taxable? Do I have to pay taxes on personal injury awards, workers compensation benefits or social security disability benefits? This is a question we get all the time. The answer depends on the kind of case you have. Is my personal injury award taxable? The short answer is no. If… Read More
Legalese Defined: Deposition
Deposition – Legal Definition A deposition is an interview conducted by an attorney outside of court during the discovery phase of a lawsuit. At deposition, a person is sworn in—so they must tell the truth, just like in court—and answers questions in front of a stenographer who writes down everything they say. The person being… Read More
Legalese Defined: Personal Injury – Discovery
Discovery Process. Discovery is the broad term used for the stage of a lawsuit where each side collects evidence from the other. Discovery is conducted by sending written requests for information to each side for information and by conducting interviews of each party and any witnesses. This discovery process can take anywhere from six months… Read More
Legalese Defined: Defendant and Plaintiff
Plaintiff The Plaintiff is the person bringing a lawsuit. For instance, say you are rear-ended at a light and break your leg. You then bring a lawsuit against the other driver. In that case, you would be the plaintiff. The plaintiff files the first complaint with the court. Personal injury attorneys or accident lawyers can… Read More
Case Update: Dog Owner Liability
As we’ve previously discussed in this blog, in order to find an animal owner liable for the actions of that animal, as in the case of a dog bite, the animal must have “vicious propensities,” meaning a history of biting or aggression. However, a recent case from the New York City creates a new exception… Read More
Bit by a dog? Can I sue the owner?
Animal bites can be serious, painful injuries that can leave lasting scars. We all love our pets, but sometimes pets can do mean, vicious things. The most common kind of animal bite comes from a dog. The law in New York is relatively clear with regards to dog bite cases: You can only bring a… Read More
I could have Died! Can I sue for almost being injured?
In general, you must suffer an actual injury in order to bring a personal injury lawsuit. “Almost” being injured is not an injury in and of itself. However, if you suffer mental anguish after experiencing a “close call” you may be able to bring a suit, but only under very narrow conditions. There are two… Read More
Can I bring a medical malpractice lawsuit if my medical device implant was recalled?
In August 2010, Johnson & Johnson recalled tens of thousands of their DePuy Orthopaedic ASR metal-on-metal hip implants. Now they are recalling another 7500 implants from their “Adept,” their line of metal-on-metal implants sold outside the United States. This included the U.K., Australia and Germany between 2004 and 2011. Data gathered in the U.K. and… Read More
What is “Assumption of Risk?”
We live in a world full of risks. Despite these risks, we continue to live our lives: we drive cars even though they sometimes crash; we go skiing even though we may fall; we shave even though we may be cut. Every day we encounter risks, weigh our options and choose whether the risk is… Read More
Workers’ Compensation Liens in a Personal Injury Lawsuit
A lien is a legal right a person or entity has against the property of another. Liens can work in a variety of different ways. Some liens can be placed against property, like a house, which prevents you from selling it until the lien is “satisfied,” or “paid back.” Other kinds of liens work by… Read More