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.
