Common Types of Personal Injury Cases in New York
A person who has been injured in any circumstances that arise due to the wrongdoing or negligence of another party is allowed to file a personal injury case in New York. Although it is impossible to undo the physical and emotional damage caused by an accident, it is certainly possible to provide relief through monetary compensation. Make sure you have a proven and capable NYC personal injury law firm on your side that can help you obtain your rightful damages.
Traffic accidents are the most common type of personal injury for which people seek damages. However, there are a wide variety of other situations too that may result in traumatic injuries, and in these too, New York’s personal injury laws provide victims with a means to obtain compensation for the loss and suffering they have undergone. Read on to know more about the several situations in which you can file a personal injury case in New York.
Anyone who is involved in a road accident whether as a driver, a passenger, a pedestrian, a motorcyclist, or a cyclist, may file a personal injury claim if the accident was caused due to the fault of another party. Collisions at intersections, lane change accidents, speeding, rear-end collisions, reckless driving, hit and run accidents, and drunk driving are some of the most common examples of accidents in which someone may sustain injuries.
While minor car accidents may only result in a bruise or a sprain, more serious injuries such as broken bones or amputation, or even death may occur in a major auto crash in New York.
Anyone who employs persons to work on their premises is responsible for their safety at the workplace. Unfortunately, despite following the prescribed regulations for safety and health, accidents may occur at work due to a slip or fall or tripping over loose cables, or lack of sufficient training in handling equipment.
In some cases, faulty machinery or equipment, hazardous material handling procedures, lack of personal protective equipment, and exposure to harmful substances may also cause workplace accidents. Workers who lift heavy loads or dangerous chemicals without the appropriate aids may also suffer fractures or burns or lacerations due to the poor conditions at the workplace.
Accidents Involving Slip and Fall Injuries
A person walking on the road may suddenly lose their footing if the ground is uneven or slippery. Spilled soap or water, the presence of ice on the sidewalks, poorly maintained roads, weak handrails that fail to support a person’s weight and broken stairs are often to blame for the most slip and fall personal injury accidents in New York City.
Almost all such incidents can be traced back to the negligence of an individual or a government agency and the party at fault must be made to pay for their breach of the duty of care they owed the accident victim.
Construction Site Accidents
The simple act of falling off a ladder, scaffold or roof is responsible for most of the fatal accidents on construction sites. OSHA reports that such incidents make up close to 60% of the fatal injuries in the construction industry in New York.
Accidents on such sites may also be caused by falling debris, lack of safety equipment, insufficient protection during soil or excavation work, electrocution, and the use of unsafe equipment. Construction site accidents are often quite serious and lead to traumatic brain injury, organ damage, broken bones, nerve damage, and spinal or skull fractures that can cause a serious disruption of the victim’s normal life.
Injuries Due to Medical Negligence
Any accident caused due to a mistake or poor quality care provided by medical staff whether in a government or private setup or even at the patient’s home is covered under medical negligence.
Medical negligence cases may involve:
A surgeon may operate on the wrong part of the body or perform an incorrect surgical procedure. They may also cause damage to a nerve during the operation, leading to health complications for the patient. Sometimes, a surgical instrument may be left within the body.
Problems in Diagnosis
Doctors may make mistakes in arriving at the correct diagnosis of a patient’s health condition. Cancer, Parkinson’s, diabetes, stroke, and multiple sclerosis are some of the commonly misdiagnosed illnesses.
Treatment or Prescribing Errors
The prescription of the wrong medication can have hazardous results for the patient and may result in further injury or even death. Some examples of prescribing or treatment errors include:
- Mix up of prescriptions of different patients
- Prescription of drugs that are known to cause allergies in a patient
- Error in the labeling of medication with the right dose
- Prescribing the wrong medication or an incorrect dose
- Prescription of a new medication that leads to the patient developing an adverse drug reaction to a medication they have been previously taking
This term refers to the errors made by medical professionals before or during or following childbirth, leading to dangerous conditions that affect the baby and the mother. Birthing negligence commonly involves mishandling of the labor, but it may also include a failure to notice and deal with birth defects, hemorrhages, or brachial plexus injuries.
Bicycle and Pedestrian Accidents in New York
On the busy streets of New York City, it is not uncommon for motorists to injure bicycle riders or pedestrians, especially at intersections. Besides the issue of the right of way, the law will also consider the degree of negligence to determine who is liable for the injuries a bicycle rider or pedestrian suffered.
Most of these personal injury accidents are caused when motorists run through a stop sign or a red light or turn without observing the surrounding area. Speeding, driving under the influence of drugs or alcohol, and texting or talking or using the phone while driving are other common examples of negligence that lead to pedestrian and bicycle accidents in New York.
Any injury caused due to the bite of a dog is considered as negligence by the owner of the dog. Under New York law, even if they prove that they used reasonable care to control the dog, the custodian or owner of the dog is held “strictly liable” for any medical treatment that follows the dog bite. To collect other damages, the victim will need to prove the negligence of the dog’s owner.
Battery, Assault, and Other Intentional Torts
Incidents in which one person intentionally injures or harms another are not considered negligence. These cases will involve a criminal aspect and while the victim of such harm can demand compensation through a personal injury lawsuit, they may also initiate a criminal case against the person who perpetrated the crime.
What is a Wrongful Death Lawsuit in NYC?
If a person has lost their lives in an accident due to the negligence of another party, New York law allows their personal representative to file a type of lawsuit called the wrongful death lawsuit.
It is important to remember that this claim can only be brought by a person who is the personal representative of the estate of the deceased person and not simply on the basis of being a family member of the deceased. However, it is possible for this personal representative to seek compensation for the loss that the deceased person’s beneficiaries or heirs have suffered.
Truck accidents, construction accidents, medical negligence, airplane accidents, or incidents involving defective products that result in a loss of life are situations in which the law allows the filing of a wrongful death claim. Such suits allow you to recover damages that are different compared to those available in the case of a non-fatal injury.
Contact Seasoned Personal Injury Lawyers in NYC Today
A personal injury lawsuit can be filed in each of the above types of accidents. However, the manner in which the lawsuit needs to be filed is different for each of these cases. The competent personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP can guide you in pursuing an injury claim in a way that maximizes the compensation you can receive for the losses you sustained.
Personal injury cases that involve any type of accident will require an independent investigation to gather and secure evidence that proves the liability and fault of the other party. Having an experienced NYC personal injury attorney on your side can be critical to ensure that you have a strong case that fetches you the compensation you rightfully deserve.
Personal injury lawsuits involve a lot of complex paperwork that needs to be filed within stipulated deadlines and in an exact manner as specified by the law. Completing this can be a daunting task for an average citizen and that is where hiring a professional and experienced lawyer with expertise in personal injury law can make a huge difference.
At Rosenberg, Minc, Falkoff & Wolff, LLP, our lawyers have all the experience, knowledge, resources, and expertise that is important to handle your personal injury claim in the most effective manner. Once you entrust your case to us, you can rest assured that we will do our very best to win your claim while you focus on the important task of recovering your physical and emotional health. Call us today at 1-800-660-2264 or contact us online for a free case evaluation.