Can I Sue for Emotional Distress in New York?
Comparing between intentional infliction of emotional distress and negligent infliction of emotional distress Stress is a part of life. People in our lives present us with so many things that stress us, and this may be one of them. A person stressing you out with their behaviour is not enough to sue for emotional distress, right, unless this behaviour falls under the category of emotional abuse. Emotional distress, however, is different in legal terms. Given that when we speak about the legal term emotional distress, we refer to the emotional distress that a certain event and another person’s carelessness caused. Heading these four categories, we have the question, can you sue for emotional distress? Yes, New York courts recognize two claims for emotional distress: Tort of outrage, psychological harm, Negligent infliction of emotional distress (NIED) Every one of these claims has certain aspects that should be established in order to obtain damages, and there is a lawyer at Siler & Ingber like the several other lawyers on our team, who would be able to explain it and discuss with you which claim fits your case best. Ways on How to File a Claim of Intentional Tort – IIED In similar cases, in order to be granted a claim for IIED one needs to prove that another person inflicted pain deliberately and caused severe emotional suffering arising from extreme conduct. This behaviour must go beyond everyday irksome incidents that have become normalcy in our day to day life. Examples of IIED can include: Racial insults Sex discrimination False imprisonment and, Behaviour that is undermining to your physical well-being Proof Beyond Prejudice and Partiality Intentional Infliction of Emotional Distress For this kind of claim to be made it has to be an act of sensational indecency. But in order to reach these damages, the injured party does not have to have continuous physical abuse. How to File a Claim for NIED In order to prove an action in negligence one would have to show that the defendant’s actions caused distress while to lay down a claim for NIED, mental suffering must exist. Usually there are some sort of physical harm or damage that accompany mental harm when making this kind of claim. For instance, the heads could be claiming for emotional distress because they sustained injuries from an auto crash occasioned by the negligence of another person. Negligent acts in this kind of case could include: Texting and driving Disregarding a red light Proceeding with their journey without following traffic signals. This is the Zone of Danger Rule in New York. New York in particular, is different from many other states in that it recognizes the “zone of danger” rule. That is, an individual may be able to sue for negligence for witnessing an accident that involved a member of the immediate family. This rule allows an individual who was in peril of experiencing personal injury to suffer negligent infliction of emotional harm since they had to view the death or serious injury of a family member. In order to establish a claim under the “zone of danger” rule, the plaintiff must prove the following: This is because there was a likelihood that the plaintiff itself or another of their family members could have been ideally or fatally injured in the accident. It must be the case that, during the time that the complaint was filed, the plaintiff was aware of the fatal or serious injury to their loved one. The injury was received by the member of immediate family of the plaintiff which may be parent, child or a sibling. The plaintiff must also have endured a physical or emotional shock because of witnessing that accident Total Legal Experience That May Be Useful to Our Clients At Siler & Ingber, our team is focused on helping you get the compensation you deserve for the emotional distress you’ve endured. We also strive to make the legal process as stress-free as possible. Call us today for more information about how our Manhattan Construction Accidents Lawyer can assist you in filing your emotional distress claim.
Reckless vs Negligent Driving
Table of Contents : Reckless vs Negligent Driving Reckless Driving: Negligent Driving: Truck accident lawyers in New York: In the frenetic rhythm of New York and Long Island’s roadways, where every intersection tells a story of its own, the choices we make behind the wheel can have profound consequences. As we navigate through the constant ebb and flow of traffic, it becomes imperative to distinguish between reckless and negligent driving, particularly in the context of the behemoths on our roads—trucks. This blog post aims to unravel the nuances between reckless and negligent driving and illuminate the crucial role played by in thetruck accident lawyers in New York aftermath of such incidents. So buckle up as we explore the intricacies of these terms and understand the impact they can have on our daily commute. Reckless Driving: Picture this: a speeding truck weaving through traffic, disregarding signals, and tailgating other vehicles. This is a classic example of reckless driving. Recklessness involves a blatant disregard for the safety of oneself and others on the road. Speeding excessively, aggressive driving maneuvers, and intentionally ignoring traffic rules all fall under the umbrella of reckless driving. In the context of a truck accident, the implications can be severe. A reckless truck driver puts not only their own life at risk but also endangers the lives of countless others sharing the road. In the unfortunate event of a reckless driving-related accident, seeking the expertise of a qualified truck accident lawyer in New York becomes paramount. Negligent Driving: On the other hand, negligence in driving involves a failure to exercise reasonable care on the road, leading to unintended harm. Negligent driving may include actions such as distracted driving, failure to signal, or not yielding the right of way. While not as overtly dangerous as reckless driving, negligence can still result in serious accidents, especially when trucks, with their massive size and weight, are involved. Truck accident lawyers in New York: When a truck accident occurs, whether due to reckless or negligent driving, the aftermath can be overwhelming. Victims may face injuries, property damage, and emotional distress. This is where the expertise of a truck accident lawyer in New York becomes crucial. These legal professionals specialize in navigating the complexities of truck accident cases, working to secure compensation for their clients. A skilled truck accident lawyer in Long Island, for instance, understands the local traffic patterns, and regulations, and can assess the unique circumstances surrounding each case. Whether it’s negotiating with insurance companies or representing clients in court, these lawyers play a pivotal role in ensuring justice is served for those affected by truck accidents. In the intricate dance of traffic on New York and Long Island roads, distinguishing between reckless and negligent driving is vital. As responsible citizens, we must prioritize safety on the roads and hold those who endanger others accountable for their actions. In the unfortunate event of a truck accident, enlisting the services of a knowledgeable truck accident lawyer in New York, such as Siler & Ingber, can make all the difference in achieving a fair resolution and bringing closure to those affected by these incidents.
Reasons Why You Should Love Siler & Ingber Accident Injury Attorneys
Today is Love Your Lawyer Day! Here are a few reasons why you should love your favorite Long Island Personal Injury Law Firm. We Are a Cheap Date Siler & Ingber firmly believes that everyone deserves a chance at fair legal representation regardless of their financial status, especially if they’re a victim of an accident due to the negligence of another. We have a “No-Fee Commitment” and promise that you will not be charged fees unless we win your case. We Are Honest and Love Communicating We value our clients and will listen with care and compassion if you have been injured in an accident. We understand the stresses that come along with recovering from an injury and vow to do whatever we can to relieve you and your family from unnecessary stress by getting you the compensation you deserve so that you may concentrate on the important things – the people you love, your recovery, and reclaiming your life. You Don’t Have to Worry About Angry Ex’s We may have been with several others in the past but, rest assured, you will appreciate our stats. 98% of our clients receive the compensation they deserve for their injury and loss. Over our 20-year history, we have won more than $$100,000,000 for our clients. We Have the Best Friends…Ever! A lot goes into building the proper case for our clients. We often need to work with other professionals such as Doctors, Physical Therapists, etc. Our Attorneys have acquired a solid list of trustworthy specialists to refer you to, if you need medical attention for a surgery, etc. We Will Leave You Satisfied Our Attorneys know what you want, and they know how to get you the compensation you deserve. We are experienced trial attorneys with over 20 years in the industry. Our track record for success is a reflection of our hard work for our clients. At Siler & Ingber, you can trust that we are highly skilled in the industry and utilize the utmost discretion. Results matter.
5 Types of Accidents You May Need An Injury Lawyer
When we get injured and think of taking a legal route, we often think of hiring a personal injury law firm. While most injury law firms may be able to help, you should consider hiring a firm that has the trial experience and results of winning cases specific to the type of accident you have been injured in. It is important to select a firm that knows how to protect your rights specific to the type of accident you have been in and fight for the compensation and justice you deserve. Often, we think of road accidents as just car accidents, but there are many different types of motor vehicle accidents which can cause you to be injured, needing legal action. Here are a few types of accidents and types of lawyers who can help you out! Trucking accident injury lawyer– An accident with a semi-truck or an 18-wheeler can be terrifying, especially for the people in the smaller vehicle. Such an accident can lead to devastating physical injuries and mental trauma which can impact your finances terribly. In such a case, it is recommended to work with a trucking accident injury lawyer who is well aware of the trucking company’s insurance protocols and other details dealing with a lawsuit against a commercial entity. Bus accident lawyer– If a bus accident has left you injured, either as a passenger or as a fellow driver on the road, you deserve compensation for your injuries and other costs you may incur. Bus accidents usually involve public transportation buses, but you could also have been injured in a wreck with a school or private bus. These details can have an impact on who the at-fault parties might be and how your claim needs to be handled. Our bus accident lawyer can help you navigate through these issues and get you the compensation for your injury. Lyft car accident lawyer– If you use rideshare transportation, such as Lyft and end up in a car accident, it can be rather confusing about how to go about filing a claim and securing compensation if you have sustained injuries. If you’ve been injured as a passenger, the case might be straightforward, but could be complicated if you’re injured as a fellow driver on the road. Hire our Lyft car accident lawyer that has the experience to help you though the process. Motorcycle accident lawyer– As a motorcyclist on the road, especially highways, one has to be doubly careful about their safety. Being a victim of a motorcycle accident due to someone’s negligence could leave you catastrophically injured and facing many challenges. Your recovery could be long and painful. It also can cause financial hardship including massive medical bills. Moreover, in such accidents, insurers of the at-fault party like to put blame on the motorcycle rider and play along the negative stereotypes associated with people who choose to drive a two-wheeler. A motorcycle accident lawyer can help you protect your rights and get you the compensation you deserve without the accountable party holding you responsible. Bicycle accident lawyer–Choosing to cycle to get around town over other forms of transportation on the road should not leave you vulnerable to accidents. Unfortunately, bicycle accidents have become more common, especially in busy cities. Sharing the road is always a risk and serious injuries can occur from negligent drivers involving a bicycle accident. In such a scenario, you should be duly compensated. Get in touch with our bicycle accident lawyer to know more. Now you know, it is important to choose the right lawyer to suit the type of accident you were involved in. Whether you are looking for a trucking accident injury lawyer or a Lyft accident lawyer, we are here to support you through the process. If you or someone you know has been injured in an accident and needs a winning law firm, contact us today. Reach out to Siler & Ingber by either calling us on 1-877-529-4343 or completing our online form on this page to schedule a free consultation and case evaluation with one of our experienced injury lawyers.
NY Labor Law 200: Common Law & Negligence
Maintaining a safe workplace makes a difference in a variety of ways due to the risks involved. A worker can be injured on a job site; a person can visit or pass through the property; An unsafe job site can put people unrelated to the construction process at risk. New York Labor Law 200 provides specific rules about construction safety and the level of negligence an owner has when a third party is at risk. What is New York Labor Law 200? Often called Common Law Negligence, Labor Law 200 is one of the foundations of New York City construction safety . Its goal is to improve the amount of safety present on job sites This law addresses the safety of construction sites for those who work in those buildings or those who otherwise frequent the area. Providing adequate and reasonable protections for people is critical, and is now a requirement for providing construction jobs in the city. Most importantly, this construction site injury law applies to people who are employees of the building or otherwise (and legally) frequent the location or work site. In addition, there are other construction laws that protect workers and other parties associated with or injured on the property. The law holds both the property owner and the property owner liable. It also makes the contractor responsible for the supervision and control of the site to ensure that it is safe for everyone. When does Labor Law 200 apply? Labor Law 200 applies to most construction work done on site. This includes: demolition work Property alterations. any renewal Repairs to the building. Most other forms of construction on a structure or building (does not apply to commercial buildings only) During construction, the property owner or contractor is responsible for the safety of those who move near the area. Specifically, this law requires that all components of the operation be conducted in a manner that provides reasonable security for those who visit the property. This includes: Machinery used in the operation. All equipment required for the project. All device used during the process. Under Labor Law 200, which identifies locations as a site or workplace, the property owner and contractors must ensure that the space is safe. However, the term “workplace” is very broad. It is important to note that “workplace” indicates that it requires not only the specific area of construction to be safe, but any other nearby areas (such as hallways or corridors). Is the area safe? The most important requirement for any construction site is to ensure that the property is safe for those who will be on that property. This includes taking into account all risks in the area as it relates to the construction of the building, the construction process , the equipment, and the operation, and protecting the equipment to ensure that no one is injured due to lack of proper monitoring. Do you have a negligence claim? It is important to recognize that workplace negligence can be difficult to prove. However, with our team of professionals, we can help you address all of these aspects. In short, you can have a lawsuit if: You were injured because of the way work was done at the workplace You were injured by faulty or dangerous installations or due to present conditions You had a right to be on the property at the time If you’ve been in this type of accident on a construction site, it’s best to document what happened and contact our team. Because these projects get a lot of attention, many contractors and property owners will try to figure them out quickly. This is not recommended. Instead, let our experienced construction site attorneys help you determine your total compensation. Let us make sure the construction site losses you face are fully understood. Schedule a FREE Case Review for Common Law Negligence If you have been injured in this type of situation, take action. Our team of aggressive and experienced attorneys can help you obtain the financial compensation you are owed. Proving Labor Law 200 negligence can be difficult, but our team of experienced injury attorneys has the experience to help you through this process. We encourage you to get a free review from our team today. Call 877-718-6079 or fill out our contact form now. . Related information New York Labor Law 240 New York Labor Law 241
