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Personal Injury Lawyers in NYC

Personal injuries are due to accidents caused by the negligence of another and can be compensated by initiating a settlement claim. After you were in an accident, you may be experiencing severe pain, discomfort, and financial distress because of the many expenses caused by your injuries. Accident victims can lean on an experienced personal injury attorney to help them obtain legal representation and fair compensation. You can speak with NY personal injury lawyers to learn more about how this works. Contact Rosenberg, Minc, Falkoff & Wolff, LLP for a free consultation.

What Are Examples Of a Personal Injury?

Personal injury cases can involve a wide range of accidents that can happen almost anywhere. Here are some of the most common personal injuries:

Automobile Accidents

You can get into an accident due to distracted driving and other forms of negligence. Car accidents happen every 60 seconds and can range from minor accidents to wrongful death. Truck, motorcycle, and other vehicle accidents can also cause personal injury.

Premises Liability

Personal injuries can happen due to an accident on another’s property if you slip and fall or are harmed in some way. For example, there may be a pothole in the ground where you twist your ankle. Another reason why you can get a personal injury is due to a slippery surface. These hazards pose dangers to your wellbeing, and if there is no warning sign posted and these obstacles are not obvious, then the owner may be at fault. If you get injured on someone else’s property due to the neglectful actions of the owner, you can file a personal injury claim with the help of an attorney.

Medical Malpractice

When you get injured due to the actions of a hospital or a healthcare provider, this is medical malpractice. Medical malpractice occurs when you have been harmed in some way because your doctor made an error. For example, you may have received the wrong diagnosis and weren’t treated for the actual medical issue. Other forms of medical malpractice include the wrong dosage of medicine, a surgery that was performed incorrectly, lack of follow-up care, and many other forms of negligence. Once you’ve experienced an injury because of a healthcare practitioner, you can file a medical malpractice claim.

Product Liability

The products that you purchase should not malfunction and harm you because manufacturers have a duty to make safe products for their customers. When you are injured due to a product that is not working correctly, the manufacturer can be held liable if it was not tampered with. If the defect occurred after it was manufactured, you can hold the warehouse company owner or delivery company responsible. Products that don’t work properly can result in burns, scars, cuts, illness, and other ailments.

Pedestrian Accidents

As a pedestrian, you have rights when on the road. Pedestrians that get hit while trying to cross the road can hold the driver liable for their damages. This is typically the case if you were hit while crossing within provided crosswalks if they are available and not obstructing traffic. To find out how you can hold a driver responsible for hitting you, you can contact personal injury lawyers to review your case.

 

How Do Personal Injury Attorneys Prove That The Other Party Is Liable For My Injuries?

If you get injured because of someone else’s actions, the following elements must be present:

Duty of Care

If you experienced medical malpractice, then the doctor owed you a duty of care as a professional healthcare practitioner. That would be the same for a manufacturer of products who must provide quality goods or a premises owner who should maintain their property for visitors’ safety.

Breach of Duty

When the other party breaches their duty of care, this means that they have been negligent in some way. For example, when a business owner doesn’t maintain their property and this leads to injuries to their customers.

Cause

The actions of the other party have to be directly linked to your personal injury. Your personal injury attorney can help prove that the cause of your personal injury was due to the neglectful actions of the other party.

Harm

The negligence of the other party must have caused you harm. You can’t file a personal injury claim unless there was harm done to you that resulted in damages. Personal injury cases can’t receive compensation unless you have damages and proof they are caused by another’s negligence.

 

What Kind of Damages Can I Get In a Personal Injury Case?

Personal injury attorneys can help represent your case and calculate the following types of damages to help you get maximum compensation:

Economic Damages

When you suffer serious injuries, you can be burdened by high medical expenses that make it difficult for you to sustain yourself financially. You can receive compensation for almost any medical treatment, including medicine, physical therapy, surgery, imaging scans, laboratory tests, and more. Financial compensation can include future medical expenses to help you take care of any serious injury.

Other economic damages include lost wages that occur because you are unable to work full-time. When you have a severe personal injury, it can prevent you from doing your job. When this is the case, your past lost income, and future wages can be compensated for.

Property damage is another item you can claim when you file an NYC personal injury claim. This can happen in a car accident when the damage to your car is far beyond the limit of your car insurance coverage. Property damage can also happen if a malfunctioning product somehow destroys something you own if it caused an electrical fire or other unexpected accident.

Non-Economic Damages

Experienced personal injury lawyers can help you obtain compensation for non-economic damages such as pain and suffering. Unlike medical bills, these damages can’t be calculated based on receipts or invoices but with the help of a personal injury lawyer. This is because a multiplier is used based on how severe your injuries are. The multiplier is between one and seven. The total of your economic damages is multiplied by this number then added to the economic damages in personal injury claims.

 

Examples of Injuries You Might Experience

A New York personal injury case can include injuries that range from minor to fatal. Here are some of the most common personal injuries:

Cuts and Contusions

You may receive cuts that are shallow or deep wounds that take a long time to heal. Cuts can damage muscle tissue, leave scars, and may even require stitches. Contusions, also known as bruises, happen when you are hit with a blunt impact and bleed beneath the skin. Bruises show as black or blue marks that are sore when touched.

Broken Bones

Sometimes your bones can be broken in life-threatening personal injuries that can leave you temporarily disabled. For example, you might slip, fall, and break your hip bone. A motor vehicle accident and other high-impact accidents can also be the cause of broken bones.

Internal Injury

Blunt force trauma can cause internal bleeding. Organs can be wounded when an external object hits you. Also, broken bones can cause internal injury if they puncture an organ.

Traumatic Brain Injury

When you get hit in your head because of an accident, it can cause a hemorrhage, concussion, penetrating injury, or contusion. Traumatic brain injury can cause temporary or permanent disabilities, and you might experience memory loss, difficulty performing cognitive tasks, dizziness, vertigo, and other neurological disorders that take a long time to recover.

Spinal Injuries

Your spine can be hurt badly during a personal injury, resulting in trauma that can leave you paralyzed. Based on where the injury occurred along the spinal column, it is possible to get quadriplegia or paraplegia.

 

What If There is a Wrongful Death?

A personal injury can result in wrongful death, leaving surviving family members behind to pick up the pieces. Catastrophic injuries can result in medical expenses and other financial damage before the death of your loved one. In wrongful death claims, you can claim additional damages which include the following:

Lost Earning Capacity

As a surviving family member, you can claim lost earning capacity for all the unpaid work that occurs because of their death. If there are dependents that rely on your family member that passed away, this will also be considered when recovering damages for the unpaid earnings.

Medical Bills

It is possible that your family member had to be treated by a healthcare facility before they passed away. Medical bills that are tied to personal injuries can also be included in these cases.

Pain and Suffering

If your loved one did not pass away immediately and experienced pain and suffering beforehand, then you can claim these damages as well. Your attorney can estimate these to calculate an accurate settlement amount.

Loss of Consortium

When loved ones lose the companionship of the wrongful death victim, they can claim loss of consortium. This is often utilized by spouses who no longer have a dependable partner there to support them.

Loss of Guardianship

Often wrongful death victims played a mentorship role to family members, and their guidance may have vastly improved their life. This can also be claimed as damages.

Funeral and Burial Fees

Funerals are very expensive and can leave surviving family members with bills they may be unable to pay. These damages can include the funeral service, casket, cremation, burial, flowers, and more.

 

How Does a Personal Injury Law Firm Help Me in New York, NY?

NYC personal injury attorneys can fight for your right to receive a settlement and guide you through the legal process. Whether it is a medical malpractice case or a car accident, they can help you obtain full and fair compensation by representing your case and proving the other party is at fault. A New York City personal injury lawyer will have a proven track record of dealing with personal injury cases, and they can help you avoid common errors most claimants make. If the other party decides not to settle, you can receive legal representation in personal injury litigation. While it is unlikely you will need to file a personal injury lawsuit, you can still seek the help of a law firm to review your options. You can speak with a personal injury lawyer to find out what you need to get started on your personal injury case. Call Rosenberg, Minc, Falkoff & Wolff, LLP today to learn more information.

 

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