Who is Liable For Wrongful Death of a Child or Elderly Person?
Children and the elderly are highly vulnerable populations when it comes to suffering from the negligence of another person. Even the slightest disregard can cause them substantial injury, or worse, death. There is no pain worse than losing a loved one due to the inattention or lack of care of someone else. This is why the legal system has created “wrongful death claims.”
Where to Claim Personal Injury in New York?
Accidents that involve personal injury in New York occur either because someone intended to cause harm, or because they behaved in a negligent manner. When an individual acts with the intention of breaking the law or in order to cause harm, their actions will be legally examined under intentional tort law. However, if you have been injured in an accident that was caused not intentionally, but due to the party at fault breaching their duty of care, you can raise a negligence tort claim.
Where Does Personal Injury Money Come From in New York?
When you get injured in a New York car accident, the no-fault insurance rules require you to approach your insurance provider to seek compensation for the expenses you had to bear in dealing with your injury. However, in case of more serious injuries, when the damages are in excess of the coverage amount of your policy, the law allows you to seek compensation from the insurance provider of the negligent driver who was at fault in your accident.
Where to File Personal Injury Lawsuit in New York?
Any person who has suffered a personal injury is eligible to file a personal injury lawsuit in New York. Through this, they can seek compensation for the economic and non-economic damages that they have suffered. However, to be able to recover damages, the victim (called the plaintiff) has to provide evidence of the liability of the party at fault (called the defendant).
NYC Pays Millions in Settlement for Medical Negligence Claims Yearly
While medical malpractice seems like a scary thing to fathom, it happens more often than we would like to believe. Moreover, medical malpractice lawsuits get some of the biggest payouts in the United States, especially in NYC. On average, a serious case of clinical negligence pays out more than $650,000 in a settlement. The city made the single largest payout of 2015 against a medical malpractice lawsuit filed by an autistic woman against the Health and Hospitals Corporation, NYC.
How Much to Ask For in a Personal Injury Settlement in NY?
The first thing you need to do as a plaintiff involved in a personal injury case is to determine the realistic costs and put a monetary value on your claim. Knowing how much to ask for your injuries and other damages will depend upon the specific circumstances of your case and the definitive evidence that establishes the defendant’s liability.
How to Calculate Personal Settlement Amount in NY?
Every personal injury case is unique in its own way, with varied circumstances surrounding each accident and the damage caused by it. Calculation of your settlement amount depends on the specific circumstances resulting in your injuries.
Schizophrenic Bronx Man Sues Jacobi Medical Center for Malpractice
Bronx man Randy Nero, 40, who had an obsessive and uncontrollable habit of swallowing toothbrushes, choked on a toothbrush contained in a personal hygiene kit that a hospital nurse gave him. Nero decided to sue Jacobi Medical Center in 2018 for what he claimed is ‘medical malpractice,’ saying the nurse should have known about his decades-long history of being a compulsive toothbrush eater. He has filed a lawsuit against the hospital in the Bronx Supreme Court.
When to Settle Personal Injury Claim in New York?
If you have been injured in an accident in New York, you must understand all the options available to recover damages to cover your expenses. While the law does allow accident victims the right to take their personal injury case to a court trial, in reality, a vast majority of such cases get settled out of court.
When to Claim Personal Injury in New York?
Most civil litigation in New York comprises personal injury lawsuits which are covered under tort claim laws. If an individual sustains an injury or if there is damage to their property due to the negligence or wrongful actions of another person or entity, the law gives that individual the right to file a lawsuit.