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Eric Turkewitz, The Turkewitz Law Firm, New York, NY |
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Friday, April 17, 2009Who Lobbies for the Victims?
In 10 days I head to Albany with other personal injury attorneys to lobby the legislature to keep the civil justice system open and available to New Yorkers. Why me? Well, if not me, who then?
You see the insurance companies have armies of lobbyists in state capitols around the nation. So do the massive health care giants, drug companies, and let's face it, Fortune 500 companies all over the place. "Think tanks" and Chambers of Commerce that dream up ways to closde the courthouse doors to consumers don't exist without money. But those who've been victimized by the negligence don't have those voices of influence at their beck and call. Victims become part of this group unwillingly, in unplanned ways. They have no organization. They don't have access to the levers of power. They only thing they usually have are the personal injury attorneys that are helping them with their case. Who also happen to be the ones that know about the problems with the laws that their new clients face. For example, in years past I have written about:
And if you are an attorney that deals with these types of cases, I have one question for you: Are you lobbying your legislature? Because there aren't any good reasons to answer no. Labels: Political Action
Comments:
Regarding your "grief" post, before I clicked the link I assumed you meant grandparents, cousins or aunts or other relatives outside the first first degree. Then I clicked.
If New York doesn't permit surviving family members of the first degree to recover for emotional loss, that's barbaric. I say that as a defense attorney who practices in one of the few remaining pure contributory negligence jurisdictions. It would be far easier to muster a defense for the "1%" rule than it would be to argue that parents should be limited to pure economic loss for the death of a preadolescent child. Again, barbaric. Best of luck in getting the wrongful death law amended.
If New York doesn't permit surviving family members of the first degree to recover for emotional loss, that's barbaric.This is, indeed, the state of the law.
And we appreciate your support. One reason I don't write trashy commentary about "the other side" is that often we happen to agree with each other.
Very good post covering the issues that all of us need to stand up for. Thanks for the reminder and the challenge.
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The New York Personal Injury Law Blog is sponsored by its creator, Eric Turkewitz of The Turkewitz Law Firm. The blog might be considered a form of attorney advertising in accordance with New York rules going into effect February 1, 2007 (22 NYCRR 1200.1, et. seq.) As of July 14, 2008, Law.com became an advertiser, as you can see in the sidebar. Law.com does not control the editorial content of the blog in any way. Throughout the blog as it develops, you may see examples of cases we have handled, or cases from others, that are used for illustrative purposes. Since all cases are different, and legal authority may change from year to year, it is important to remember that prior results in any particular case do not guarantee or predict similar outcomes with respect to any future matter, including yours, in which any lawyer or law firm may be retained. Some of the commentary may be become outdated. Some might be a minority opinion, or simply wrong. No reader should consider this site (or any other) to be authoritative, and if a legal issue is presented, the reader should contact an attorney of his or her own choosing for advice. Finally, we are not responsible for the comments of others that may be added to this site.
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