Personal Injury in New York
Personal injury is any injury sustained on one’s person or mind which is as a result of the negligence or intention of another party. For such injuries, the injured party can file a personal injury lawsuit against the injurer to a New York civil court. If it can be proved before the court that the accused actually has a hand in the plaintiff’s calamity, then they are liable by law to pay monetary compensation (damages) to make up for every pain, loss, and financial disadvantage they are putting the plaintiff through.
A vital step in seeking damages if you believe you have become a victim of personal injury is to consult a personal injury attorney early. There are different types of personal injury cases and their nature will determine how the case may be filed and the damages that may be awarded. If you live around The Bronx NY 10467 and desire to speak with a personal injury attorney near you, simply put a call through to our law office.
Types of Personal injury cases
- Automobile accident
Peradventure you have been hit by a vehicle, motorcycle or truck of which the driver must have violated a traffic rule. Typically, personal injury cases are defined by a person’s breach of their legal duty of care to all other persons. For example, a driver is expected to look at their rear before reversing in order not to hit a pedestrian or vehicle behind them. If they fail to do so and therefore injure someone, they can be sued for personal injury. Train and truck accidents sometimes fall under this category.
But there is a caveat for car accident personal injury in New York Law. A personal injury case may only be filed if the injury is serious such as involving loss of life, loss of a limb, temporal or permanent disability, loss of fetus, etc. If the injury is minor, then the vehicle insurance will provide coverage.
- Construction site accidents
A good number of personal injury cases originate from construction sites. The construction management has a duty to adopt safety measures in the environment, remove hazardous materials, and provide PPE for the workers. If they fail to do so and a construction worker ends of getting harmed as a result, then the worker may sue the company for damages.
- Slips and falls
Slip and fall cases are most prominent in commercial buildings and facilities. The building owner and management hold the duty to keep the building floors safe to avoid slippage and injuries to customers and workers. However, such cases are not always easy to prove and you need a seasoned personal injury attorney like we have to represent your case.
- Medical malpractice
If out of negligence or substandard treatment provided by your physician your health worsens, you may sue the physician.
Take note that having your treatment go sideways may not be the fault of your physician and therefore would not fall under medical malpractice.
- Nursing home negligence
There is nursing home negligence when the negligence of the staff and management leads to harm upon an elder in the home. This may be as a result of under staffing, inconducive environment within the home, lack of qualifications and training among the staff. If you notice your loved one kept in the home has developed some strange injuries or sores, it is important you take action quickly by contacting us.
- Product liability
If you have suffered harm by using a product and you believe that the manufacturer must have been aware of this defect, then you can sue the company.
Understanding damages
It is important to know that damages in personal injury cases are basically to cover for the pains and losses you suffer and expected to suffer in the future. This may include current and future medical bills, wages which you are supposed to be earning if your limbs were still in use, etc. The compensation is not to put you in a better position than you were before the accident, but to make up for the damages.
There is no fixed amount for damages. The amount entitled for each individual case will be calculated based on the nature and circumstances surrounding that individual case.
Comparative fault
For every personal injury case in New York, the extent of the accused’s fault in the injury must be evaluated to estimate what they owe the plaintiff. The plaintiff’s fault must also be evaluated and its percentage subtracted from the total damages they would have been awarded. If you have been busy tapping away on your phone while crossing the street before getting hit by a drunk driver, then you are partly at fault. Say, naturally you would have been entitled to $100,000 as damages for your car accident injury. If your fault is 20%, then 20,000 would be subtracted from the damages amount.
Contact us
Our personal injury attorneys are here to offer you the best legal representation. With years of experience serving clients all over The Bronx and other New York Boroughs, we perfectly understand the diversity of personal injury and would employ every statute available under civil law to ensure you get maximum relief for the pains you are made to suffer. Call us today to speak with a well-versed personal injury attorney 10467.
