10 October, 2023
If you live in the Big Apple, it’s important to be aware of your rights if you suffer injuries and losses due to someone’s negligence or wrongdoing. Understanding how personal injury claims work and what personal injury attorneys in NYC do can help you determine when legal action is necessary.
Collisions involving cars, trucks, motorcycles, and other road vehicles are a primary cause of personal injury cases. Victims may seek compensation for medical expenses, lost wages, and pain and suffering.
Property owners bear the responsibility of maintaining safe conditions on their premises. If you are injured due to a hazardous situation, the property owner may be held accountable. This includes slip-and-fall accidents, inadequate security measures, malfunctioning equipment, and broken concrete.
Property owners may also be held responsible for negligence incidents related to floors, pavement, inadequate lighting, and unsecured equipment.
Doctors and other healthcare professionals have a responsibility to provide a reasonable level of care. If you have suffered harm due to a misdiagnosis, surgical error, or any form of negligence concerning your medical treatment, you may have grounds for a medical malpractice lawsuit.
Examples of malpractice can include treatment errors, misdiagnosis or delayed diagnosis of medical conditions, or prescribing the wrong medications. Establishing negligence in medical malpractice cases often requires the expert testimony of other professionals in the field.
Employers are legally obligated to maintain a safe working environment. Injuries resulting from equipment issues, lack of safety protocols, and exposure to toxic substances or other workplace hazards may entitle you to file for workers’ compensation or pursue a personal injury claim.
Manufacturers, distributors, and retailers may be held accountable for selling products that cause harm to consumers. Lawsuits can result in compensation for the victims and may even lead to a product recall.
Manufacturers and distributors bear the responsibility for producing and selling products that are safe for consumer use. If a defective product causes harm or injury to a person, the user may have grounds for pursuing a product liability lawsuit. Products that could potentially pose risks include tools, equipment, appliances, toys, drugs, autos, and certain types of devices.
Product liability lawsuits are designed to hold companies accountable and promote the adoption of safe designs and manufacturing practices.
Before moving forward with a personal injury claim, you need to show negligence. This is done by establishing the four elements of negligence: duty of care, breach, causation, and damages.
For example, if the other party did not take reasonable care to prevent harm to another person or to their property, they may be guilty of negligence. If so, an attorney must show they did indeed breach their duty, which caused an injury or property damage to another party. This, in turn, resulted in actual injuries/damages for which the guilty party is liable.
Unintentional injuries lead to more than 24 million emergency room visits across the U.S. each year, and many types of injuries will require medical attention following an accident.
Broken bones: Fractures to the ribs, arms, or legs often require ongoing medical attention or long-term therapy. Anytime the body suffers trauma in an accident, there is a good chance that the victim will suffer one or more fractures.
Internal Injuries: When an accident occurs, it may result in bleeding or harm to internal organs like the spleen, kidneys, or liver. Internal injuries might also result from surgical errors and other forms of negligence.
Head Injuries: Head injuries, such as concussions, skull fractures, and traumatic brain injuries, often occur after motorcycle accidents, semi-truck accidents, and highway crashes that involve several vehicles. They are also common in falls and other traumatic accidents.
Whiplash: This type of injury typically results when a driver is rear-ended and the impact jars their neck violently – back and forth like the cracking of a whip.
Emotional Injuries: Accidents and unexpected injuries can also lead to post-traumatic stress disorder (PTSD), anxiety, depression, and other psychological wounds.
Such injuries can lead to many extensive losses, both economic and non-economic. Common losses in personal injury claims include:
Our team of personal injuries at The Barnes Firm will evaluate the severity of your injuries and consider all of your losses when pursuing an injury claim on your behalf.
When it comes to injury cases, things can get quite intricate. If you’ve suffered an injury due to someone else’s negligence, you’re likely to have questions about the whole legal process. Below are answers to some of the common questions asked regarding injury cases in New York.
In New York, some common types of personal injury cases include:
Motor vehicle accidents: These accidents primarily encompass car accidents, truck accidents, motorcycle accidents, and more.
Premises liability: Slip-and-fall or trip-and-fall incidents make up a large number of cases – accidents that result from poor property maintenance and oversights.
Medical malpractice: Instances where negligence or improper treatment by healthcare professionals occur may lead to harm or injuries. These incidents may happen during joint or hip replacements, the prescribing of medicines, the misdiagnosis of a condition, or improper treatment approaches.
Product liability: Injuries from flawed or poorly designed dangerous products often cause injured consumers to file a personal injury lawsuit.
There are other types of injuries that can happen, so never hesitate to discuss an accidental injury with our team of trusted personal injury attorneys at The Barnes Firm.
Personal injury negligence claims, such as slip-and-falls, dog bites, and car accidents, have a three-year limit, as do product liability cases. The clock starts ticking from the date of the discovery of the injury or the accident.
Medical malpractice claims in New York, which result from an act, failure, or omission from the last treatment for the same condition or injury, must be submitted within two years and six months.
The statute of limitations imposes a 2-year deadline for wrongful death claims in New York.
Personal injury law can become quite confusing and involved. Also, insurance companies often employ teams with the aim of minimizing claim payouts. An experienced attorney at The Barnes Firm can investigate your case, handle negotiations with insurance companies on your behalf, and work towards maximizing the compensation you deserve.
The majority of personal injury cases reach a resolution before going to trial through negotiations between the parties involved. A settlement agreement occurs when the defendant or their insurance company offers compensation in exchange for dropping the claim against them. In instances where a settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine liability and assess damages.
In conclusion, there are several types of personal injury cases that frequently occur in New York.
Motor vehicle accidents, slip and fall injuries, and cases of malpractice often result in harm that prompts individuals to pursue action. If you have been injured through no fault of your own or because of someone else’s negligence or wrongdoing, call The Barnes Firm today at (800) 800-0000 for a FREE case evaluation.
Doing so can clarify you about your legal options and how to take the appropriate legal action.
A lawyer carefully reviews the specifics of your situation, assesses if there are grounds for a case, and will fight on your behalf to recover compensation so that you can focus on your recovery.
While no amount of money can reverse the damage caused, obtaining compensation can provide a sense of justice and financial stability. It is important not to delay your decision to file a lawsuit. Contact us today.
If you’ve been involved in an accident that is the result of another party’s negligence, consult with a personal injury lawyer at The Barnes Firm today. Contact our office to schedule a free case evaluation.
“As President of The Barnes Firm, I have dedicated my career to achieving justice in hundreds of cases for the victims of injuries caused through the fault of others. Additionally, I have been honored to have been elected by my peers to serve as president of the WNY Trial Lawyers Association.”
Years of Experience: 30+ years
Getting our clients the best results possible.
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