What are personal injury claims and what cases does a personal injury attorney handle?
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.
Personal injury cases in New York are tried under the area of civil law called tort law which covers not just injuries but also cases of defamation and actions in bad faith and acts that have resulted in a breach of contract. The main objective of these laws is to provide financial compensation to make the affected individual whole again. Equally important, they also serve as a strong deterrent to prevent other persons from committing such offenses.
What Types of Injury Cases Does a Personal Injury Lawyer Handle in New York?
Personal injury lawyers in New York work to protect the rights of their clients. The accident victim who claims to have been injured (called the plaintiff) can ask for damages from the party at fault (called the defendant). Plaintiffs can raise claims for the losses they suffered, including:
- Medical treatment expenses
- Pain and suffering are both present and expected in the future
- Loss of earning capacity
- Loss of companionship or consortium
- Legal fees
Being represented by an experienced personal injury attorney can help ensure that you receive the compensation you rightfully deserve in the following types of personal injury cases in New York City:
- Automobile accidents
- Bicycle accidents
- Pedestrian accidents
- Aviation accidents
- Boating accidents
- Motorcycle accidents
- Slip and fall accidents
- Traumatic brain injuries
- Spinal cord injuries
- Animal bite injuries
- Burn injuries
- Construction accidents
- Bad faith claims
- Nursing home neglect or abuse cases
- Defective product accidents
- Medical malpractice cases
- Wrongful death cases
What is the Role of a Personal Injury Attorney in NYC?
Personal injury attorneys play an important role in all stages of the litigation process right from the inception of the case till the final appeal. When prospective client approaches a personal injury lawyer, they conduct an initial case evaluation to determine the merits of the case.
Once they agree to take up the case, the lawyer will help to gather the necessary evidence and build a strong case in a manner that indicates that they are willing to go to court. If, however, the other party proposes a settlement, a seasoned NYC personal injury lawyer can also handle the entire negotiation process so as to get you a settlement that fetches maximum compensation.
The entire legal process of drafting pleadings, discovery requests, interviewing witnesses during the deposition process, and actually handling the court trial will be managed by the personal injury attorney. Throughout this process, the lawyer will also act as a counselor to advise their client about the best way to deal with legal obstacles and other difficulties posed in their case by the adversaries.
Not all injury cases are the same and therefore, over the years, personal injury attorneys are likely to specialize in a particular niche such as motor vehicle accidents, or medical malpractice cases or nursing home abuse cases, and so on. However, it is best to hire a law firm with a solid team of lawyers with expertise in multiple personal injury areas.
When do You Need to Hire a Car Accident Lawyer in New York?
Motor vehicle accidents are growing more common and data from the Bureau of Justice Statistics show that car accidents account for the majority of personal injury cases filed across the United States. Distracted driving, speeding, and driving under the influence of alcohol or other prohibited drugs are responsible for some of the most damaging accidents and can leave victims with extensive injuries that can take years to heal.
If you or a loved one has been seriously injured in an accident either as a pedestrian or while driving your own car, and if your medical expenses and other damages exceed the limits of your no-fault insurance, it is best to consult an experienced car accident attorney who can help you recover the compensation that is your rightful due from the party at fault.
Do Personal Injury Lawyers Handle Workplace Injury Cases?
Accidents at construction sites and related workplaces include the following:
- Gas drilling injuries
- Fracking injuries
- Logging injuries
- Construction injuries
- Machinery injuries
- Heavy equipment injuries
- Utility worker/ power linemen injuries
These cases are quite complex and not all personal injury attorneys have the necessary experience to handle them. With that said if you or a loved one has been injured in a workplace injury, you should make sure the lawyer you consult has a thorough knowledge and the required expertise to take up your case. Most victims of workplace accidents in New York can claim benefits from workers’ compensation.
In certain situations, there may be other options also available to seek damages such as a negligence claim against a third party who breached their duty of care or a deliberate intent claim against your co-worker or supervisor or employer.
Hiring an Expert Wrongful Death Attorney in New York City
If a person dies in an accident caused by the negligence of another individual, the personal representative of the deceased person’s estate can bring a wrongful death claim. Wrongful death cases may arise from different types of personal injury such as car accidents, medical malpractice, construction site accidents, and defective product accidents, and so on.
Under New York law, pecuniary damages are awarded in a wrongful death case in compensation for losses such as the loss of wages and expected income, the loss of work benefits, and the loss of inheritance. Besides, it can also be possible to seek compensation for the medical treatment provided before the death of the loved one as well as expenses related to their funeral and burial.
The legal aspects of a wrongful death case in NYC are quite complex and therefore, it is vital that you engage only the best wrongful death attorney to build a solid case so that you get the justice you deserve.
Nursing Home Abuse Personal Injury Lawyers in New York
Nursing homes and other places that provide assisted living facilities are required by the law to ensure their residents get a specified level of care. A failure to provide this care can make them legally liable for the injuries suffered by the residents, regardless of whether the injuries were through intentional or unintended acts.
If you have a loved one living in a nursing home, you must look out for unexplained bruises, scars and welts, dislocations, bedsores, broken bones, weight loss, malnourishment, soiled bedding, dehydration, and any form of unusual behavior. All of these could be an indication that they are either not receiving the necessary care or that they are being physically or otherwise abused by the nursing home staff.
Nursing homes will have the best personal injury lawyers representing them and when you go up against such strong entities, it’s critical that you also hire a seasoned nursing home neglect attorney to handle your case.
Personal Injury Attorneys for Defective Product Accidents in New York
Any organization that designs, manufactures, and sells an article is legally required to ensure that its product is safe to use. If a product is defective and it results in harm to the end-user, the manufacturer of that product can be held liable for the injuries and the accident victim can claim damages from them.
Whether it is mechanical equipment, a medical device, or a prescription drug that did not function as it was expected to, the affected person can file a product liability case to seek compensation. The corporations that make products are powerful entities with the top legal brains representing them and this means that in order to win the damages you deserve, you must hire the best personal injury attorney in New York with expertise in product liability cases.
Select a Top-Rated Personal Injury Lawyer in New York City
Being injured in an accident can be a turning point that determines the course your life takes in the years to come. If your injuries have been caused due to the negligence of another individual, they should be made to at least provide the money required to overcome your financial setback. At Rosenberg, Minc, Falkoff & Wolff, LLP, our compassionate personal injury lawyers will fight to get you the compensation you deserve.
When you come to us for a free consultation, one of our experienced personal injury lawyers will examine the facts of your case and give you the best assessment of the damages you can expect to recover. Once you decide to work with us, we will help you collect all the necessary evidence and put together your claim backed by testimony from the best medical and financial experts.
Whether it is negotiating with the other side’s insurance company or pursuing your case to a court trial, we ensure that you don’t lose your rights to maximum compensation. Call us today at 1-800-660-2264 for a free case review or contact us online and our lawyers will get back to you right away.