Jay Boyarsky, Esquire

Our firm has settled six cases in the pandemic when courts have been slowed or closed. Nassau County will be beginning jury trials in October. Westchester County seems soon to start jury trials . Eagerly awaiting the New York City courts to announce dates for jury trials to begin.

Here is the client dilemma in the personal injury this week. Should he take the $60,000.00 offered or should she hold out for $90,000.00 which may take a few more months to obtain? The jury will be in his favor. The liability will be easy to prove and so will the injuries. The defendant's insurance carrier has been cheap throughout the case -incrementally raising their offers,

Assisting Arnold DiJoseph's firm @ 2PM. I will depose the NYCTA witness in a subway platform trip and fall onto the tracks case because of a cracked platform.

Attended the best continuing education seminar for the 25th year in a row this weekend. Thank you to the New York State Trial Lawyers who presented. Gained outstanding tips in my arsenal to take on the insurance companies.

Winning in and out of court on personal injury cases can be a result of many different factors. One key one is to be more prepared than your opponent. If you believe personal injury cases boil down to anything less than being fully prepared on the the law and the facts along with being prepared and able to deal with all the different personalities that you will face then you are badly mistaken.

Recently I was helping out other attorneys and saw two plaintiffs destroy their case at depositions . Their mistake was they allowed a defense attorney to pressure them into testifying that they were "speculating". NEVER, NEVER & NEVER testify to speculating on distances or times. You can and should truthfully testify to distances or speeds as "about" or "approximately Correct: I was traveling about 30 MPH Incorrect I speculate I was traveling 30 MPH Most times speculation will lead to inadmissible testimony at trial when there is mere speculation and could lead to summary judgment or a directed verdict against you.

Honored to be presenting tomorrow morning ( Tuesday February 26th) at 8:30 AM on what it takes to have a successful Personal Injury case in New York at Eldorado III in Scarsdale, NY. All welcome to attend.

Have you, a friend or family member been injured by slipping and falling from a landowner's negligence for failing to remove snow and ice? Be aware that there are strict filing deadlines and strict statutes of limitations which will bar recovery if you wait.

In the holiday season take necessary safety precautions and if you are injured by those who fail to take necessary safety precautions in to account then make sure if at all possible to photographically document accident locations and any visible damages and/ or injuries. If possible try and make a police report at the accident location and seek immediate medical attention.

As the season turns to fall then winter more and more people are injured from the hazard of slipping or tripping on improperly maintained sidewalks. Do not forget to take good photographs of the accident location showing the unsafe condition, get witnesses names and phone numbers if any exist and remember that there are strict filing deadlines.

Take multiple photographs early and often of: car damage, accident locations, scarring, casting and bruising. Photographs help injured victims win cases!

Today's ethical question: Is an attorney allowed to represent a mother and her adult daughter at an Examination Under Oath, when there is a question on whether the daughter who unbeknownst to her was signed up by the another insurance carrier by the mother when the daughter already had insurance with a different insurance carrier. The insurance carrier conducting the EUO is trying to disclaim coverage on the grounds that their coverage was immediately cancelled upon the mother signing the daughter up with the mother's insurance company.

Word to the wise never agree to an insurance company representative wanting to take a statement of you unless it is an Examination Under Oath. Just talked an insurance company out of trying to coach their request as an Examination under Oath for a client interview when it was not one. Be weary of the sneaky tactics no-fault carriers exercise.

Looking forward to presenting to PNW this January 5, 2018 on SUM insurance changes that will have a dramatic influence on Personal Injury Plaintiffs in New York, Anyone seeking further information on this recent bill signed into legislation this month and how it may profoundly influence you please feel free to contact me,