Regardless of how watchful we are, accidents happen whether you slip and fall on the wet floor of the market, or hit by a vehicle while strolling on the sidewalk, or if you sustained injury as a result of your doctor’s malpractice – you may have a personal injury case and may be entitled to damages.
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To fully understand whether you have a case and what rights you have, you need to contact a New York personal injury attorney.
What is Personal Injury?
Personal injury cases are legal conflicts that emerge when one individual sustains injury or damages that another individual may be legally responsible for. A personal injury case can end up formalized through civil court procedures that try to discover others legally at fault through a court proceedings or, as is considerably more typical, such issues may be resolved through a settlement before any lawsuit is actually filed.
What are Some Examples of the Most Common Personal Injury Cases?
Construction accidents occurred close to construction or building sites and are related to construction. Scaffolding accidents are a typical source of injuries, establishing almost two-thirds of all construction accidents.
Other common reasons for construction accidents include: falls, electric shock, and inappropriately propped excavation trenches. On the off chance that you have been harmed at a construction spot contact a construction accident NYC attorney.
Medical malpractice refers to an act of negligence by a medical physician or medical facility that results in the death or injury of a patient. Under personal injury law, the injured party may sue and collect damages for medical malpractice. In order for plaintiffs to collect, they must prove that the professional had a legal duty to care for the patient.
This duty must be breached by some negligent action or inaction by the practitioner or physician. In order to prove this negligent action, you will need medical testimony establishing what the negligent physician did or did not do was wrong.
In New York, a work injury is an on-the-job injury whereby the injured worker files a workers compensation claim against their employer for being injured on the job. Instead of filing an individual claim against their employer in civil court, the sole remedy is to file a workers compensation claim.
In New York, the workers compensation system is looked at as a “no fault system” which means that injuries are viewed as an unavoidable aspect of work relationships and there is no need to prove that your employer or a certain person caused your injury.
The injured worker is entitled to:
a. Payment of Medical Bills and Treatment;
b. Weekly payments should they be unable to medically return back to work while injured; and/or
c. A settlement or award based upon how permanently disabled they are from their injury.
What is Considered a Catastrophic Injury?
So what is considered a catastrophic injury anyway? How does one define catastrophic injury? A catastrophic injury is one that has serious, long-term life-altering consequences. According to the American Medical Association, it is a severe injury to the spine, spinal cord, or brain, and may also include skull or spinal fractures. However, as far as legal injuries are concerned, when it comes to recovery and the catastrophic injury definition, catastrophic injuries aren’t just physical in nature.
Slip and Fall Cases
Slip and fall cases are another very common type of personal injury case. Basically, Slip and Fall, or sometimes known as Trip and Fall, is exactly what you may think it is: when you tripped over something or fell on somebody else’s property.
A slip and fall accident can happen in an assortment of settings, both on public and private property, in a store aisle buying groceries, or on a city walkway. Much of the time, property proprietors have a legitimate obligation to keep premises sensibly safe from perils (those that they think about and those that they should think about).
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Slip and fall lawyers help injured parties of slip and fall accidents to get paid – by means of a personal injury lawsuit in which the victim asserts a claim of negligence and claims pain and suffering – when a slip and fall injury is due to a lack of regard or carelessness with respect to the property proprietor.
Motorcycle accidents are accidents involving a motorcycle rider. Accidents like this may involve another rider, vehicle or another person, or the cause can be defective motorcycle, road defects or defective protective gear. Since motorcyclists are more likely to be injured, typically, a motorcycle accident can involve more serious injuries than an accident where the driver was in a car or truck.
Oftentimes, their injuries may involve pain and suffering on behalf of the motorcyclist, and involve expensive medical bills, in which the motorcyclist may claim future medical costs, and lost wages, including possible future wage losses. As a result of such losses sustained by a motorcyclist, insurance companies may be more likely to take a motorcycle case to trial and not settle.
Again, the reason for this is because they know many people on juries have a bias against motorcyclists and they’re banking on the likelihood that they may decide in favor of the car driver over the motorcycle driver.
Car accidents are the most common type of cases in personal injury law. The injured party involved in the accident will claim damages for the injuries they’ve sustained, often referred to as pain and suffering.
However, just because you are in a car accident doesn’t automatically mean that you have a valid personal injury case. There needs to be negligence on behalf of the at-fault party.
A bicycle accident in NYC often occurs due to the negligence of the motor vehicle driver. Some of the more common reasons for such an accident occurring is due to cell phone use, distractions, talking, speeding, and simply not watching their surroundings of what is happening around them while they drive.
Proving Liability: Do I have a Case In a Car Accident?
When you’re involved in a motor vehicle accident, one of the first questions to come up is who was at fault for the collision. Obviously, the answer to this question will have a huge impact on the at-fault parties ability to recover a monetary award.
In every auto accident case it’s extremely important for liability to be established. It may be obvious to you, but your word is not going to be enough when your claiming damages for your losses. Accordingly, you will have a much stronger argument to the insurance company when you are able to provide proof of liability against the other driver.
In fact, depending on the circumstances of the accident, the other driver may even face criminal liability charges.
1. Police Reports
The best way to prove fault in an auto accident is with a police report. By calling the police after the accident, and having them investigate the scene of the accident and prepare a police report, you give yourself the most valuable piece of evidence in a potential personal injury lawsuit.
Police reports are written documentation from an officer who responded to the 911 call and was at the accident scene shortly after the collision occurred. Although, due to local court evidence rules this document may not be admissible as evidence at a trial, this report still remains to be important.
This report will often contain evidence about liability, such as the responding officer’s opinion regarding how the accident took place, along with the written statements from the parties involved. The officer will also include in his report whether or not any traffic laws were broken and the citations that were given.
Accordingly, police reports can be one of the most critical pieces of evidence that you give to the insurance company when filing a claim. The insurance company will not want to take your word for how the accident occurred, so when you present them with written documentation from the authorities, there is little they can do to deny the claim.
2. Rear-End Collisions
Rear-end car accidents are one the most common types of car accidents. When you are hit from behind by another vehicle, it will almost always be the fault of the driver who hit you. The reason for this is because one of the most basic driving rules is to leave a safe distance between you and the car in front of you. This rule is set so that rear-end collisions do not occur, however, often times that rule is not followed.
It is not uncommon for the driver who hits another car to try and say that you stopped too suddenly, or stopped when you should not have. So it doesn’t matter what reason they give, if they had been far enough behind you in the first place and paying complete attention of the road, then the accident could have been avoided.
Again, you always want to call the police after an accident occurs. These auto accidents are identifiable by the specific damage that occurred to both vehicles, which means you should always take pictures of the crash and preferably before the vehicles are moved.
3. Traffic Law Violations
If you were involved in an accident and the other driver broke a traffic law, this is another great way to show evidence that the other driver was at fault. Assigning fault in an accident is usually clear cut when someone has broken a traffic law. Some of the most common violations that cause accidents to occur include:
• Failure to yield
• Running a red light
• Running a stop sign
If you believe the accident you were involved in occurred because the other driver committed a traffic violation, it’s important to include which law you believe was broken when speaking with the officer. Also, be sure to describe in as much truthful detail as possible when speaking with a police offer how you believe the accident occurred.
It’s also important not to exaggerate or elaborate on what happened and just stick with the facts as best you can. If the officer thinks you’re exaggerating just to prove a point, they make take your account less seriously than if you only presented the facts.
What Remedies Are Available To A Person Who Suffered A Personal Injury?
In a personal injury case, money damages are paid to an injured person (the Plaintiff) by the person or company who is found to be legally responsible for the accident (the Defendant or their insurer).
The most common remedies include:
• Lost wages, medical bills, loss of future earnings
• Pain & suffering
• Punitive damages
• Damages in case of wrongful death
If I’m Hurt In An Accident, What Should I Do First?
No matter what nature of accident and what injuries did you suffer your priority is to get medical help. Remember to collect and keep any medical bills associated with the medical expenses you had because of the accident.
• Collect evidence that can point to who caused the accident, as well as the damage caused by the accident. Photographs are useful here.
• Get contacts of the witnesses of the accident.
• Write down everything that has happened to you after the accident.
• Don’t give any statements or sign anything until you consult with a personal injury NY attorney
• Consult with a personal injury attorney ASAP
What Legal Options Do You Have In Case Of Personal Injury?
1. Informal Settlement
In actuality, most disputes over an accident or injury are resolved through an informal early settlement, usually among those personally involved in the dispute, their insurers, and attorneys representing both sides.
A settlement commonly takes the form of negotiation when your personal injury lawyer negotiates with the party responsible for the injury regarding the amount of compensation and other settlement details.
This will be followed by a formal written agreement in which both sides forfeit any further action (such as a lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.
2. File A Formal “Lawsuit”
A formal personal injury case typically starts when a private individual (the “plaintiff”) files a civil “complaint” against another person, business, corporation, or government agency (the “defendant”), alleging that they acted negligently in connection with an accident or injury that caused harm.
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Personal injury cases are often quite complex, and the defendant’s lawyers can do a lot to prove that the plaintiff was responsible for the accident and not their client, so you need the help of a New York personal injury attorney to take your case to court.
How Much Does It Cost?
Personal injury attorneys often work on a contingency fee, which means that they will get paid and receive a percentage out of any money that you receive from the results of the case. A personal injury attorney will also put up the costs and expenses of the case, including payment of medical records, court costs, deposition costs, witness fees, etc.
They will put up these costs with the understanding that they will be reimbursed at the end of the case, assuming that you win your case and are given money in the form of a settlement or award.
Which Attorney Shall I Contact?
At Law Office of Yuriy Moshes, we know how to fight and win personal injury accidents. We represent all types of personal injuries, no matter how complex the case,
how big or small the injuries, or even if the insurance company has denied your claim. Our office has the experience, knowledge, but more importantly, the guts to fight the insurance company for you.