Caner Law

The New York State Legislature stated that New York is ranked 3rd in the United States for the number of wrongfully convicted and innocent persons. Currently, there are substantial limitations on persons who are wrongfully convicted to prove their innocence and exonerate themselves. Motions and appeals filed by innocent persons are routinely denied pursuant to the current strict statutory schemes. Even worse, persons are routinely forced to plead guilty to crimes they did not commit to avoid longer times in prison. Thus, it is clear there is a problem in New York with wrongful convictions. This Act, while not perfect will expand the ability to challenge such wrongful convictions. We ask the Governor to sign this law immediately. If you have been wrongfully convicted, call Caner Law today, we handle exonerations and post-conviction motion and appeal practice. If exonerated you may then have claims for false arrest, malicious prosecution and a denial of a fair trial. Attorney advertising.

The Grieving Families Act is a law designed to expand the ability of victims’ families to pursue claims for damages arising from a death caused by the wrongdoing of others. Currently, New York only allows for economic damages for a wrongful death. This Act will allow for emotional suffering damages, which is long overdue. Moreover, it will expand the statute of limitations to 3 years and be retroactive to 2018. The main opponent to this law are the Hospitals and Medical Malpractice Insurance carriers who claim devastating costs. However, strong laws must be in place to protect patients. It is likely the Governor will only sign this law if medical malpractice claims are excluded. This is disappointing but the overhaul of the century old law will be a step in the right direction for victims’ families. It remains to be seen if the Governor will sign this law or veto it again.

On May 17, 2022 the Law Office of Caner Demirayak, Esq., P.C., obtained an acquittal of our client on charges of murder in the second degree after a month long jury trial.

Attorney advertising. Prior results do not guarantee a similar outcome.

If you are injured you must be aware of the time limitations on your claims. Personal injury claims must be filed within three (3) years of the incident. Medical malpractice claims must be filed within two (2) years and six (6) months of the medical error, subject to some time extensions for conditions you discovered much later. It is important to hire a lawyer immediately to make sure you do not miss any deadlines for filing your claims. Attorney advertising. Prior results do not guarantee a similar outcome.

In New York City during snow storms property owners are obligated to safely clear the snow and ice from the sidewalk and driveways in front of their property to avoid creating dangerous conditions for pedestrians. If they fail to do so they may cause you injuries. However, the City Code does not hold property owners responsible for any injuries during the four (4) hours after a snow storm has ceased. This law is designed to allow property owners the time necessary to clean up the snow and ice. If you have been injured due to a property owner’s failure to properly and safely clear snow and ice you should hire a lawyer immediately to review whether the property owner can be responsible for your injuries. Attorney advertising. Prior results do not guarantee a similar outcome.

If you have been injured due to a trip and fall on a dangerous part of a sidewalk it is important to know who may be responsible. Typically the City of New York is deemed the owner of all sidewalks and a claim must be made against the City in any trip and fall on a sidewalk. The person or company who owns the property that the sidewalk is in front of may also be responsible depending on the circumstances. As such you should consult a lawyer immediately after such an accident to make sure all claims for a sidewalk accident are handled correctly and timely. Attorney advertising. Prior results do not guarantee a similar outcome.

If you have been injured by the wrongful action of an employee of the City or an agency you must file a claim with the Comptroller within 90 days. If you do not file a claim within the applicable time, you will not be allowed to recover any money. Once a claim is made the City will also demand you appear for a hearing to testify about your claims before any lawsuits are filed. If the City does not settle your case by then you must file a lawsuit for personal injuries against the City within 1 year and 90 days of the date your injury happened on. Because of these quick deadlines, it is crucial to hire a lawyer immediately to make sure the claim against the City is handled properly and timely. Attorney advertising. Prior results do not guarantee a similar result.

In New York the minimum required insurance for automobiles is $25,000 per person and $50,000 per accident. But what happens if your personal injuries have cost you more than $25,000 in damages? If you have your own automobile you may be entitled to make an uninsured/underinsured motorist claim with your own insurance company. However, you cannot recover any money from the uninsured/underinsured insurance unless you exhaust the primary insurance. You also would usually need the uninsured/underinsured company’s consent to settle your case. This type of insurance is very important when dealing with a hit and run accident where you cannot figure out who injured you. You may also have rights to file a claim with the New York State MVAIC program for up to $25,000 in damages for hit and run accident with no known drivers or owners of the vehicle that injured you. Attorney advertising. Prior results do not guarantee a similar result.

At some point after your car accident, the No-Fault insurance company providing benefits may try to stop paying for your benefits by hiring a doctor to perform an “exam” of you and determine whether or not you are actually hurt. These exams are by doctors hired by the insurance company and they are not your own doctors. The exams are usually 5-10 minutes long. Thus, it is important to hire a lawyer as soon as possible after an accident to help provide guidance on how to navigate the insurance company’s process of trying to deny you your benefits. Attorney advertising. Prior results do not guarantee a similar result.

After a car accident, pedestrian or bicycle incident it is important to understand your entitlement to medical treatment and care by the automobile or vehicle involved in the accident. Under the No-Fault Law, the insurance company for the vehicle you are an occupant of or struck by is required by law to provide up to $50,000 towards your medical expenses with no charge to you. As such, it is imperative to make a claim for the No-Fault benefits sooner than 30 days after your accident to avoid a denial of coverage. This is why is is important to hire a lawyer as soon as possible after an accident to make sure your No-Fault claims are processed and you can get the treatment for the injuries you need. Attorney advertising. Prior results do not guarantee a similar result.