Here are the major cases of personal injury reported on daily basis in New York. If you experience any f these and you feel you deserve compensation, don’t hesitate to contact our personal injury law firm near you, 10460, New York.
The vast majority of personal injury cases in the US stem from car accidents. Lots of road accidents happen daily and most times it is because a reckless driver did not follow some traffic rule. For instance, a driver is expected to look behind before reversing to avoid hitting a car or pedestrian behind. Drivers are also expected to go at safe speeds and not drunk-drive. If they flout these rules, it means they had less regard for the safety of themselves and others and would be held liable for any accident they cause.
Howbeit, it is important to note that New York is a no-fault state in that the driver would only have to use their car insurance to foot your bills if your injuries are minor. In serious cases involving loss of life or a body part or any other physiological damage, a personal injury claim becomes legitimate.
Assault and Batteries
Battery is a type of tort where one party physically attacks another. Here, the factor is not negligence but intention. The injurer’s purpose was to injure and this they succeeded in doing. Such a person may be indicted for a criminal offense. By New York law, assaults are defined as actual attacks rather than threats, and qualify as personal injury.
Slips and falls
Property owners hold the civil obligation to keep their premises and facilities reasonably safe for those people who use the property. This is a duty of care, a factor which must be present in every personal injury case. If they fail to do so, probably they neglected removing water or snow from the premises, and so you slip, fall and broke a bone, you already have a personal injury lawsuit against the property owner.
Notwithstanding, not every injury occurring on a property may pass as personal injury. The duty of care varies at each given situation and is not spelled out in the constitution. However, there are certain laws in the state guiding these things.
Construction site accidents
Say, a construction company failed to put warning signs on the road while carrying out a road work. Being unaware, you drive at full speed onto the unfinished area and so sustain injuries from the accident that ensues. The construction company can be sued for their negligence (not placing warning signs). It could be that the company failed to give personal protective equipment to the laborers, or that they were not warned about the hazards of the job.
There is medical malpractice when a physician or any medical practitioner gives substandard healthcare, and the patient is injured as a result. Howbeit, realizing your health is worsening despite your treatment does not always mean you are receiving substandard treatment.
Manufacturers have a duty to inform the public and discontinue production when they realize the defect in their product. If despite their knowledge they still carry out distribution and the defective product injures a user, the user may file a case against the company. It is important discussing with a personal injury lawyer near you to know where you stand.
In dog bites cases in New York, the victim must prove that the dog has a history of aggression towards people and that the owner was aware of this but still allowed freedom to the dog. The compensation may be $1,000 or more and should cover the medical bills.
What is the right compensation for these personal injuries?
Many factors are considered in estimating the value of the compensation. At our law firm, our team of personal injury lawyers would look into the financial losses which you would incur due to the injury in terms of medical bills and wages you would miss out on. The degree of pains you suffer and the length of it will also increase the amount of money. All these assessments are done with the help of medical and financial professionals. Our personal injury lawyer will help you through this process.
Contact a personal Injury lawyer near you today.
There are several laws guiding how personal injury claims are addressed which may be too complicated for you to understand. It is important consulting a personal injury lawyer to discuss your case and determine what steps need to be taken. Our law firm has over the years helped victims get the relief they sought through mediation and legal representation. Our objective is to see justice served. Call us to get in touch with a personal injury lawyer near you.