Personal injury lawyers are tort law specialists and can help you in situations when you have suffered an injury due to the negligence of another individual. They also work with persons who are at the receiving end of intentional wrongdoing by another person.
On May 28, 2014, a Bronx woman won $172 million in damages for the brain injury she experienced as a result of medical malpractice. The jury announced the verdict after a three-week-long trial over a lawsuit that alleged that the victim had not been given timely and adequate medical treatment for a seizure that resulted in severe brain injuries. The plaintiff, Tiffany Applewhite, had been a straight-A student before the incident and had been preparing to apply to Manhattan’s prestigious Stuyvesant High School.
When you suffer an injury in an accident caused by the negligence of another person, the law allows you to file a personal injury lawsuit to recover compensation for your loss. Before you decide how to handle your case, it’s judicious to consult a personal injury lawyer in New York who can explain your legal rights and help to review your claim. Using the information they provide, you can then decide whether to proceed on your own or to engage their services to handle your injury lawsuit.
A personal injury attorney provides legal representation to persons who claim to have suffered an injury due to the carelessness of another individual, organization, or entity. The injury in question may be either physical or psychological in nature, but the most important criterion is that it should have been caused by the negligence of another party.
Being injured in a New York accident can cause the victim to suffer not just physical injuries but also financial loss. In such a situation, although it is not possible to reverse the pain and suffering that they had to undergo, the law does provide a solution to help them deal with the economic setback they had to face due to the negligence of another person.
On Sep. 22, 2015, Delfino Cuautle, father of three, had to undergo an emergency amputation of his leg above the knee due to a series of bureaucratic bungling at Coney Island Hospital, NYC. The 13 hours delay in surgery triggered the need for amputation of Cuautle’s leg. Cuautle filed a medical malpractice lawsuit at Brooklyn Federal Court. The jury awarded him $24 million for his suffering that could have been easily prevented had timely treatment been initiated.
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.”
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.
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.
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).
