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.
Accidents that occur because of another’s negligence can wreak havoc with the life of the victim and it is important that the person at fault be made to pay for the trauma and loss the victim goes through. Personal injury claims may arise from several different types of losses or accidents. Read on to know more about when you can claim personal injury in New York.
Car Accident Personal Injury Claims in New York
Every year, millions of Americans are injured in car accidents, and car accident personal injury claims are therefore one of the most common forms of a personal injury lawsuit. Several factors can contribute to a car crash in New York, right from speeding or reckless or distracted driving to poor road conditions. In cases where the liability is straightforward and easily determined, it is quite easy for the accident victim to raise a claim and receive compensation.
However, in the car, bus, truck, or bicycle accidents where there are multiple victims or in cases where it is difficult to determine or prove who was at fault for the accident, the claims process can grow quite complex. Having your personal injury claim handled by an experienced NY personal injury lawyer is perhaps the best way to ensure that you receive the compensation that is due.
New York Medical Malpractice Personal Injury
We trust healthcare professionals to provide the necessary care in a competent manner. However, there may be situations when the negligence of a doctor or a nurse, or some other healthcare professional leads to injuries. Errors in prescribing medicines, misdiagnosis and wrong treatment techniques, errors during surgery, and birthing injuries are a few examples of situations in which the victim is allowed to file a medical malpractice personal injury claim.
Whether it is an unintentional mistake or lack of care or lack of knowledge that led to the injury, the end result can severely impact the life of the patient. Given the complex nature of the human body and the subjective difficulties in diagnosis and medical or surgical treatment, such cases of medical malpractice can be quite complicated to prove. It is only a seasoned medical malpractice personal injury lawyer in New York who will be able to ensure that the negligent doctor is made to pay for the damage they caused.
Slip and Fall Accidents in New York City
Slip and fall accidents may be caused by uneven or slippery floors, broken or missing railings, unsecured mats or rugs on the floor, broken pavements, faulty sidewalks, debris, and clutter on the road or premises, and loose wires or cables. Any person who suffers a slip-and-fall accident on someone else’s property is allowed to file a personal injury claim in New York.
These accidents can lead to extensive damage that may not be very obvious at first. Brain injuries, spinal cord injuries, and fractures of the hips or arms, or legs are quite common in slip and fall accidents and their treatment can get quite expensive. Recovering from such injuries may also cause the victim to miss time from work, leading to a loss of income. Filing a New York slip-and-fall personal injury claim can help to recover the damages from the person at fault for the accident.
New York Workplace Accidents
Workplaces can prove to be the cause of accidents, especially in jobs where there is complex machinery involved. An employee who has been injured due to unsafe work conditions, or because the employer failed to provide sufficient training on handling equipment or due to malfunctioning of equipment, is allowed to recover compensation for the damages they sustained.
Usually, injuries in the workplace get covered under the worker’s compensation policy; however, if the negligence of a third party, other than the employer is guilty of negligence that led to the workplace accident, the employee can file a personal injury claim.
Assault Personal Injury Claims in New York
With violence in society increasing by the day, assault-related injuries are growing more common. Such injuries arise due to the intentional act of an individual who sets out to harm another person. So, there is no factor of negligence here, and usually, such cases include a criminal aspect, and dealing with such claims can be quite complex. Only a highly skilled and competent New York assault injury lawyer can make sure that you get the compensation you deserve.
Product Liability Personal Injury in NYC
Anyone who manufactures distributes or sells a product is required to ensure that their product is safe to use. They must provide instructions regarding the correct usage of that product. Unfortunately, despite rigorous testing prior to product launch, some defective products may find their way to the consumers, resulting in grievous injuries.
Any individual who has suffered an injury due to an unsafe or defective product is allowed by the laws of New York to file a product liability claim against the seller or distributor or manufacturer of that item. Taking on a huge corporate entity is no small task and you need to ensure that you have an expert New York product liability lawyer representing you if you want to recover damages that compensate you for the injuries you sustained.
Dog Bite Injuries in New York
While most pet dogs are well-behaved, there may be situations where a dog attacks someone, resulting in a dog bite or other forms of injury. New York’s dog bites law can get quite confusing. The dog owner is strictly liable for the medical expenses of the victim of the dog attack.
However, they do not have to pay for any additional damages unless the victim can prove that the owner knew or ought to have known about the vicious nature of the dog from past incidents. Only an experienced New York dog bite personal injury lawyer can make sure that you get the maximum compensation in such cases.
Personal Injury Claims for Premises Liability in New York
When one individual is injured through an accident that occurs on the property of another person, they can recover damages through a premises liability claim. To do so, you have to prove that your accident was caused by some dangerous or defective condition that was not brought to your notice by the premises owner.
Whether it is a wet floor with no warning sign in a mall or the lack of safeguards in a swimming pool that resulted in the accident, the injured person can seek compensation from the property owner whose negligence led to the accident.
When Can You File a Claim Against the New York State or a Municipality?
Dangerous conditions on state property or negligent acts by state agents or employees may lead to different types of accidents and injuries. For example, if your child is injured at a public school, or if you sustain injuries on the subway, or if you get injured in a car accident caused by a car driven by a city employee in New York, you can file lawsuits against the state or municipality that was responsible.
To be able to do this, you have to first file a “notice of claim” within 90 days of the accident in which you were injured. The filing requirements are very strict and also complex and the government will do all it can to defend itself which makes it imperative that you seek the services of a qualified lawyer who has experience with suing the state.
Rosenberg, Minc, Falkoff & Wolff, LLP Can Help You Decide When to File a New York Personal Injury Claim
New York’s statute of limitations specifies time limits for filing a personal injury claim in different types of accidents. To make sure that you get the maximum possible compensation, you need to have a strong case and you need to start preparing at the earliest. That is why it makes sense to contact a New York personal injury lawyer soon after you receive the necessary medical treatment for your injuries.
Insurance companies are known to take advantage of the desperation of an injured person and make offers of a quick settlement, but the amount they offer is often a pittance compared to what your case is actually worth. Make sure you talk to the expert personal injury lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP before you decide to accept any settlement.
We offer a free case review to examine your accident and discuss the options you have to pursue compensation. We work on a contingency fee basis which means that you do not have to pay our attorney fees until we succeed in recovering damages for you. If you or a loved one has been injured in New York, call our personal injury law firm at 1-800-660-2264 for a free case evaluation, or fill the form on this page and our lawyers will get back to you right away.
|$15 Million - Jury Award for Brain Injury|
|$10.5 Million - Injured Infant Brain Damage|
|$9 Million - Brain Injured Baby Settlement|
|$7.75 Million - Settlement Injury To A Child|
|$7.5 Million - Injured Construction Worker Settlement|
|$7.25 Million - Intersection Accident Settlement NYC|
|$5.5 Million - Bus Accident Award|
|$5.5 Million - Injured Child|
|$5.5 Million - Blinded Woman|
|$5.45 Million - Injured Child|
|$5.4 Million - Construction Burn Victim|
|$5.1 Million - Motorcycle Victim|
|$5 Million - Construction Worker Back Injury|
|$5 Million - Eye Surgery|
|$4.5 Million - Failure to Perform C-Section|
|$4.5 Million - Personal Injury Settlement|
|$4.4 Million - Failure to Diagnose Infection|
|$4.125 Million - Failure to Diagnose Quadriplegia|
|$4.0 Million - NYC Hospital Negligence Birth Injury|
|$3.8 Million - Electrician|
|$3.75 Million - Hospital Negligence Sepsis|
|$3.7 Million - Birth Injury Infant Stroke|
|$3.5 Million - Faulty Freight Elevator Fall|
|$3.4 Million - Surgical Error Bronxville Hospital|
|$3.28 Million - Eye Surgery Case|
|$3.15 Million - Settlement for a Brooklyn Laborer|
|$3.1 Million - Verdict Returned by NY Jury|
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|$3 Million - Birth Injury Development Delays|
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|$3 Million - Hot Water Burn Death|
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|$2.5 Million - Hospital Malpractice Toddler Hemiplegia|
|$2.4 Million - Failure to Diagnose Lead to Paralysis|
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