What Are The Types Of Damages that Can Be Recovered In A Personal Injury Case?
The initial step in every personal injury lawsuit is to establish negligence. The plaintiff must then establish the other party’s negligence directly caused their injury, which is known as causation. The injured party must then decide what damages they are attempting to recover in the settlement. There are two basic categories of recoverable damages in a personal injury lawsuit: compensatory and punitive. To determine if one (or both) will be able to satisfy a harm claim, plaintiffs must comprehend the differences between the two. Major Personal Injury Case Types Personal injury law, commonly known as “tort” law, aims to make amends for those who suffer losses as a result of the conduct of others. Typical personal injury claim examples include: Auto mishaps: The majority of personal injury claims and lawsuits in the US are related to auto accidents. When drivers break the law of the road, car accidents frequently result. Falling-off cases: A “slip and fall” case, sometimes known as a “premises liability” case, is another typical sort of personal injury case. Legal obligations require property owners to keep their homes and businesses secure. A person may file a lawsuit against the property owner for damages if they suffer an injury as a result of the unsafe property Product liability: People who sustain injuries as a result of a faulty or excessively dangerous product may bring a lawsuit against the product’s seller and maker. Accidents account for the majority of personal injury claims, but you can also file a lawsuit against someone who purposefully hurts you. Medical malpractice, dog bite injuries, defamation, wrongful death, and child sexual abuse claims are more instances of personal injury cases. Two Different Forms of Compensatory Damages They are meant to restore plaintiffs to their pre-injury state, to the extent that is practicable. Compensation damages can be split into two primary groups: special and general. Special Damages Special damages, sometimes referred to as “economic damages,” reimburse claimants for out-of-pocket costs associated with their injuries. Among exceptional damages examples are lost wages (past and future) medical expenses (past and future) the price of replacing damaged goods, cleaning services, and household expenses while the plaintiff is healing. General (Non-Economic) Special damages are easier to quantify than general damages, sometimes known as “non-economic damages.” They are designed to make up for plaintiffs’ intangible losses resulting from harm, such as Trauma and Stress (both physical and mental), bodily impairment or disfigurement, loss of reputation, loss of pleasure in life. Death by Mistake Damages The surviving family members of the victim may bring a wrongful death claim or lawsuit when the victim dies as a result of another person’s negligence or wilful wrongdoing. Damages for wrongful death include, for instance: burial and funeral costs Cost of the deceased person’s pre-death medical care, together with their pain and suffering, due to emotional anguish (called a “survival claim”) Loss of consortium as well as loss of the expected income and services that the deceased person would have given. The person in charge of the victim’s estate often brings wrongful death claims on behalf of the survivors. The precise criteria for someone to count as a survivor differs from state to state. Punitive Damages The purpose of compensatory damages is to make up for the plaintiffs’ losses. Punitive damages are something else. Punitive damages are intended to hold defendants accountable for their improper conduct. Punitive damages are typically only available in places where there has been purposeful wrongdoing, such as a serious battery, sexual assault, or massive financial fraud. Punitive damages are permitted in other states when there has been “gross negligence.” When defendants disregard the safety or life of others, they exhibit extreme negligence. Speak with a lawyer Speak with a lawyer if you’re considering bringing a personal injury claim or lawsuit. A lawyer can provide you with information and assist you in determining the worth of your settlement. From Siler & Ingber, find out more about selecting a personal injury attorney.
Can A Homeowner Be Liable for Contractor’s Injuries?
A contractor and his team’s job is tough and tricky. Every homeowner hires contractors to get repair work done in their home. There might be the renovation of the kitchen required or a leaking ceiling that needs repair. No matter if the project is big or small, you would need to hire professionals for the task and if god forbid during the process of the work the contractor gets injured, then, in that case, is the homeowner liable for the contractor’s injuries? The answer to this question is that ‘It Depends ’! Who is liable for the contractor’s injuries depends on the in charge of the site when the work was going on, the insurance cover of the contractor, and many other things which shall be covered briefly in this blog. Many homeowners do not realize that when they hire a contractor to repair or renovate their homes, they can be held responsible for all the injuries that happen on-site. It is a contractor’s responsibility to oversee the complete project and as a homeowner, it is their responsibility to warn the contractor of any dangers that might end up hurting anyone working at the site. If a contractor or a construction worker has been injured while working on a residential property without being aware of the potential dangers on the property, then, under the premises liability law a homeowner can be sued. There are certain situations when the homeowners can be held responsible for all injuries caused to the contractor. These situations are:- Homeowner’s Liability due to Premises Liability In case of a minor or serious injury to the contractor, they may file a claim quoting premises liability on the part of the homeowner who did not warn about certain pre-existing dangers on the property which were the cause of the accident/injury. The premises liability law establishes that every property owner has a duty of care towards individuals visiting their home for personal or business reasons. It is the homeowner’s job to ensure safe conditions on the property. In case there is a danger that the homeowner is aware of, they need to take proper safety measures for it. Homeowner’s liability due to Exercised Control Premises liability is a legal principle whereas exercising control can be open to any kind of interpretation. In case of an injury caused while working on a residential project, the contractor might file a claim against the homeowner arguing that the homeowner exercised control over the project. Exercising control may include oversight over the workers and also providing necessary instructions. Homeowners should refrain from offering any advice to the workers to avoid liability. It is best to let the contractor and workers do their job after you have discussed your requirements and pay rate with them. Get Help from an Experienced Attorney If you are a homeowner who has been sued by an injured contractor, you may want to know how you can get out of it. An experienced personal injury attorney can evaluate your case and provide remedies for it. Siler & Ingber team has been representing many homeowners who have been sued by their contractors. Contact Siler & Ingber today to get genuine legal advice from the best attorneys in town.
The “Shocking” Truth behind Electrician Safety
The Human body is a strong conductor of electricity because it is mostly composed of water. An individual experiences electric shocks when a part of their body which includes the skin, muscles or even hair come in contact with an electricity source, causing the current to pass through the body. The shocking truth or the jolting fact about a worker working with electricity is that all of them have experienced a shock at least once while on the job and they consider this occurrence very normal. While electric shocks are a known hazard while working with live electric current, they are a signal that the worker is not taking adequate safety measures. Lack of training or one mistake with the electricity can be deadly & disastrous. Every electrician is well aware of the dangers they face each day while on the job, whether it is installing new electrical equipment or conducting maintenance. But should they be okay with shocks being a normal part of their job? No right!! Even a small episode of electrocution can cause injuries ranging from minor burns to life-changing wounds which can even be fatal. Reasons for Electrical Accidents Short Circuits Negligence and Carelessness Working from a high location Improperly installed equipment Unsafe work practices Inadequate isolation Injuries that can result from Electrical Shocks Electrocution When an individual experiences an electrical shock the high voltage can damage the internal organs inside the body. Electrocution is often fatal but even if the person survives, they will experience a damaged cardiovascular system and nervous system. Electrocution also causes broken bones caused due to the impact along with other injuries. Electrical Burns Every electric shock occurs due to a direct contact between the body part and the electrical current will result in an electrical burn. The burns depend on the severity of the shock experienced. There could be surface burns with only the skin or slight muscle damage or there could be enter-and-exit burn wounds which could be the signs of more severe internal damage. How to Prevent Electric Shocks Being an electrical worker is a tough job and it requires strong knowledge of electricity. When working with electric current, electricians need to be very careful and aware of their surroundings. In addition to that, the electrician should also be aware of the other employees working with them because a single mistake made by them when you are high up on a ladder or scaffolding, can cost you your life. Here are some preventive measures that electricians should take to keep themselves safe:- Working with wet hands is a complete NO Be aware of water lines, gas lines and other utilities under the surface where you are working Always wear gloves and use fiberglass tools Always turn the circuit off before working on an energized circuit. A chemical-type fire extinguisher should always be there around you in case a fire breaks out. Never experiment with electricity, get proper training. Get Help from an Electrical Injury Attorney To reduce your chance of experiencing a shock is to prevent them. At Siler & Ingber law firm we understand that an electrical injury can affect the quality of your life and create a lot of financial burden for you and your family. If you have been in an electrical accident which was caused due to the carelessness and negligence of someone else, then you have all the right to compensation. In an electrical injury case, it is critically important that you seek legal help from a personal injury lawyer who can get you fair compensation for all your medical bills, lost wages and suffering. Get in touch with Siler & Ingber team for a free evaluation of your case.
The most common slip and fall injuries
If you’re out and about either at someone’s house, at a restaurant, in the mall, or even on the sidewalk, your safety is paramount. The onus of the visitor’s safety lies on the owner or the person in-charge. However, if proper standards are not maintained then it can make one vulnerable to injuries, most often because of a slip and fall. In fact, slip and fall injuries is one of the most common reasons for people to end up in the emergency rooms. Personal injury attorneys around the country are busy handling such cases where slip and fall is a result of someone’s negligence. The nature of a slip and fall is such that some parts of the body are more vulnerable to injuries than others. While in some cases injuries may be minor, there are instances where these injuries can lead to long-term implications such as restricted mobility, constant pain, etc. These result in loss of a so-called normal life. Here are some of the most common injuries due to a slip and fall: Broken bones: Depending on the severity, a lot of people end up with broken bones due to a slip and fall. In case of a slip and fall, most people often fall on the back or on the hands, hence, they end up with a broken hip, wrist, or ankle. Sprains: Another common injury of a slip and fall are sprains; either a twisted ankle, shoulder, knee or any other joint. While sprains may seem minor, it is important to get them checked by a doctor to ensure that the injury is not grave as it can lead to health issues at a later stage. Shoulder dislocation: In many instances when we fall on one side or there is a jerk in the arm, it is the shoulder that suffers, most often in the form of a dislocation. In addition to being extremely painful, it requires immediate medical attention. Spine injury: One of the gravest injuries due to a slip and fall can be on the spine if one takes a fall on their back. An injury to the spine can lead issues ranging from mobility issues to nerve damage. Hence, it requires medical treatment regardless of the severity of the injury. What do you do if you suffer from an injury due to slip and fall? If you suffer from a slip and fall injury due to someone’s negligence, you deserve a compensation for your injuries. Hiring a slip and fall injury attorney is the best next step. Can you sue someone for your slip and fall injury? Yes, you can definitely sue the concerned owner if you slip on their property and injure yourself. It is is best to hire a top injury attorney to get yourself the compensation you deserve. The primary job of the personal injury lawyer would be to prove that you were injured due to the sued party’s carelessness or negligence. They are best placed to calculate the right compensation for you which covers all aspects of your injury – medical expenses, emotional trauma, loss of income, transportation costs etc. If you or someone you know has been injured in a slip and fall due to someone’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Filing a Personal Injury Claim if You’re an Undocumented Immigrant
Undocumented immigrants are often under the impression that they have absolutely no legal rights in the United States. This is a huge misconception because immigration status does not impact a person’s ability to ask for settlement in case of a personal injury caused to them due to someone’s negligence. It’s important to know that the United States protects every individual injured in any type of accident, regardless of their immigration status. Here are a few of the myths related to pursuing a personal injury claim if you’re an undocumented immigrant. Risk of deportation The Immigration and Naturalization Services, United States Citizenship and Immigration Services (USCIS), and Immigration and Customs Enforcement (ICE) cannot deport undocumented immigrants because they have filed a personal injury claim. Your top injury attorney will ensure that there is no risk of deportation till the settlement is complete. Damages that can be claimed In addition to the right to file a personal injury claim, an undocumented immigrant can also claim all the usual damages without any exceptions. Here is a list of the damages that your personal injury attorney can help you claim: Medical expenses Pain & suffering Emotional trauma Loss of income Loss of standard of living Do not let your immigration status or the spreading misinformation deter you from claiming your right! If you’ve been injured, getting compensation is a must. Hire a personal injury lawyer near you and they will take care of the rest. If you or someone you know has been injured due to someone’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us at 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free, and we do not charge a fee unless we win your case.
Injuries at a Construction Site: All You Need to Know
The construction industry is one of the largest hiring sectors in the United States. However, a construction site is incomplete without two key components – equipment and manpower. It is important that the manpower engaged is well trained and qualified to work on a construction site and at the same time, the equipment is safe to use and adequately maintained. Otherwise, there are chances of an injury to the worker. A construction accident attorney can help you understand this in detail. If you or someone you know is a construction worker, it is important that you’re privy to important information regarding faulty equipment and its implications. Here is all you need to know. As per estimates, 40% of all worker fatalities in New York occur on construction sites, and a large majority is due to faulty equipment. What is faulty equipment? Faulty equipment refers to a piece of equipment that is defective. When the defect is due to a manufacturing error of any kind, the manufacturer, and possibly the distributor, may be held liable and legally required to pay damages to the injured worker. Equipment can also become faulty if it has not been properly maintained and as a result led to an injury. In such a scenario, the injured worker may be able to bring a negligence action against the employer in addition to the workers’ compensation claim. A construction accident attorney is the best placed to suggest a due course of action in either of these cases. Injuries due to faulty equipment Some of the common injuries due to faulty equipment are: Falls: Along with being the most common type of cause, one can fall due to a faulty scaffolding or ladder that may lead to severe injuries. Struck by an object: An unfortunate cause of injury can be being struck by a falling object such as a part of a crane or other such equipment used at a height. Electrocution: Most equipment on a worksite uses electricity to function, and if faulty, can lead to electrocution of the worker using it. Various such cases have been witnessed by a construction accident attorney, and it is recommended to work with them so that you get the compensation you deserve. What to do if you’re injured at a worksite due to faulty equipment? If you or someone you know has suffered an injury at a worksite due to faulty equipment and you need the best injury attorney, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Knowing the Status of Your Personal Injury Claim Amid COVID-19
The COVID-19 pandemic put the world on a standstill. However, that cannot stop accidents and injuries to occur that put people’s lives at risk. In such a scenario, what does this mean for a personal injury claim. Moreover, if you have an ongoing personal injury claim, it is important to know the implications due to the pandemic. To understand the impact of coronavirus on your personal injury case, you have to look at two aspects: Injury suffered during the pandemic If you’ve been injured in an accident during the pandemic due to someone’s negligence, you are still owed a compensation. You should work with a top injury attorney from a large-scale and well reputed law firm that is equipped to handle your claim remotely, if required. Be thorough with your research to find a law firm that is handling cases during COVID-19 and have enough resources to be able to do justice. At Siler & Ingber, as we have been working through the pandemic to help anyone who has suffered a personal injury of any kind. Our experienced personal injury attorneys have been around the clock while ensuring the safety of their clients as well as everyone involved. Moreover, depending on the type of accident/injury, do check with your injury attorney on factors such as statute of limitation (maximum period to file a claim), etc. as they may have changed due to COVID-19. Ongoing personal injury case If you suffered an injury due to someone’s negligence before the COVID-19 pandemic and your legal matter was still ongoing, here’s what you should know. First, make sure that the firm handling your case is continuing to provide services. There could be scenarios where due to lack of resources of infrastructure, the firm is no longer providing services. However, if are still providing legal services, it is important that all safety protocols are duly followed. Whether during or pre-COVID-19, choose a legal firm that is already evolved to provide paperless, remote, digital-dominated services that are hampered if physical meetings are not possible. In fact, firm should be equipped to conduct mediations, depositions, and arbitrations either through video conferencing or in a small office that allows for social distancing. Importantly, in an ongoing or a new case, the discovery process should not be hampered, that is, the firm should be able to gather relevant evidence and documents for the case in the ongoing scenario of restricted movement. Additionally, the firm should follow safety protocols and prioritize the clients’ safety while handling their legal case. Lastly, the law firm should be completely updated on the changes to personal injury related matters, if any. We recommend you choose a top injury attorney from the best law firm. Consider Siler & Ingber. If you or someone you know needs the best injury attorney anywhere in New York state, contact Siler & Ingber today. We are present in Bronx, Brooklyn, Manhattan, and Long Island. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
Line of Duty Injuries – Police Officers, Firefighter, EMS/Paramedics
First responders, that is, police officers, firefighters, EMTs, and other emergency responders, put themselves at risk everyday to save lives of fellow New Yorkers who are in danger. These injuries can lead to long-term implications for their health as well as their employment. Some accidents and resultant injuries can leave them unable to do their job, leaving them financially vulnerable. However, there are legal provisions for first responders in case they get injured in the line of a duty. Common fatal and non-fatal injuries among police officers, firefighters and EMS include: Accidental shootings Pedestrian vehicular accidents Motor vehicle accidents Falls and slips Overexertion Impact with objects or equipment Fires, explosions, and exposure to harmful substances such as chemicals Extreme weather Sprains and strains to muscles, joints, etc. Bruises, contusions Burns, scalds Thermal stress such as frostbite Broken bones Back injury or pain, soreness, etc. Please note that this is not an exhaustive list but the most common injuries to occur. This paints a grave picture of the risks that our first responders face every day. Moreover, these injuries require long-term and expensive treatment. Unfortunately, in cases where these accidents are fatal can leave the families of these heroes vulnerable. Moreover, even though the first responders are aware of the risks of their jobs, it is difficult to be prepared for the consequences should an accident occur. What happens if a police officer is injured in the line of duty? Police officers who are injured in the line of duty have the right to sue other people or entities who are responsible for their injuries. Under General Municipal Law 205-e, any police officer in the state of New York who is injured or killed in an accident can file a lawsuit for the person or entity responsible for their injury or death. For wrongful death lawsuits, the survivors of the deceased police officer can file a lawsuit on their behalf. What happens if a firefighter in injured in the line of duty? Under General Municipal Law Section 205-a, firefighters or their families have the right to file a lawsuit and seek recovery for their damages when they suffer injuries or death in the line of duty. Under this law, a claim can only proceed if the injury or death was the result of a violation of any statute, code, regulation, or rule recognized by the jurisdiction where the accident occurred. If the injury or death was sustained in the line of duty and was caused directly or indirectly by any violation that had a “practical or reasonable” connection to the injury, a firefighter can recover for his or her injury.
Shoulder Injuries: Things You Need to Know when Consulting a Lawyer
Shoulder injuries are a common occurrence in children and adults alike. It is so because the shoulders are one of the most moveable joints in the body, making them vulnerable to injuries. Statistics suggest that more than 7.5 million people seek medical care for a shoulder injury in the United States every year. Any sort of physical activity, including sports, heavy lifting, etc. can you put you at the risk of a shoulder injury. Some common types of shoulder injuries are: Sprains and strains Rotator cuff tear Dislocation Frozen shoulder Joint tears Tendinitis The treatment can vary from oral medication to physiotherapy to surgery depending on the degree of the injury. Unfortunately, in many cases, there are long-term implications, such as chronic pain or even arthritis. Moreover, restricted mobility of the shoulder or constant pain can lead to difficulties in doing regular activities. If a shoulder injury is caused due to someone’s negligence, compensation should be duly given. A shoulder injury attorney can represent the injured party. Some of the ways in which a shoulder injury can occur due to someone’s negligence are: Injury while playing a sport: A slippery or inadequately maintained floor can cause the person to slip and fall while playing which can cause an injury. Injury at a construction site: Construction sites often involve heavy lifting or operating heavy machinery which can make workers vulnerable to injuries. For example, if the machinery is not duly maintained or a worker slips off a ladder because it is broken, the injury is caused due to the employer’s negligence. Slip and fall injury: A slip and fall on the wet floor of a department store or on a snowy sidewalk can cause a painful and serious shoulder injury. In such a case, the responsible party should be held responsible. In such a scenario, it is recommended to hire a shoulder injury lawyer to represent you to get the compensation you deserve. It is imperative that you clearly state all the details and provide all the documentation to the shoulder injury attorney so that they can file a strong claim. Some important information is as follows: Cause of the injury: Clearly state the cause of the injury and provide details of how it happened. It’ll help the shoulder injury lawyer to file the claim as per the most relevant provisions of the law. Provide relevant documentation: Share the medical bills, other expenses, documentation on leave from work/school, etc. to help the shoulder injury attorney build a strong case highlighting the seriousness of the injury and its other consequences. Provide other evidence: Share any photos, details of witnesses that can prove the negligence of the at-fault party. Leave it in the hands of an expert injury lawyer to get you fair and just compensation for your injury. If you or someone you know has suffered a shoulder injury due to someone’s negligence, you need the top injury lawyer, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced shoulder injury lawyers. Our consultation is free and we do not charge a fee unless we win your case.
Bicycle Accident Lawsuits – All You Need to Know About Them
Bicycles have taken over as a preferred mode of transport for young and old alike. People now prefer to ditch their cars or the subway to use a bicycle to get to work/school, and at the same time get in some exercise. However, riding bicycles has its risks attached. People become vulnerable to accidents which can leave them injured or can even be fatal. Data suggests that the United States sees approximately 45,000 bicycle accidents every year. As would be obvious, a crash between a bicycle and motor vehicle largely leaves the cyclist injured or harmed rather than the other way round. Personal injury lawyers are best placed to represent your case if you’ve been hurt while riding your bike due to someone’s negligence. There are various causes of accidents between a bicycle and a motor vehicle. Some of the common ones are: Distracted driving: A distracted driver behind the wheel can pose a risk to cyclists on the road. While 30% of all bicycle accidents are caused by a car, a large number of these drivers are those who are distracted or drunk. Lack of knowledge about rules: Both, cyclists as well as drivers, are not fully aware of the rules to follow on the road. For example, who has the right of way at an intersection. In such a case, the cyclist may be prone to an accident. Inattentive rider: It is not just the motor vehicle driver; it may also be that the rider may be inattentive while cycling which can put them at risk of a crash and resultant injuries. Riding after dark: Like for motor vehicles, even riding a bike at night can increase the vulnerabilities to an accident due to poor visibility, etc. Construction on the road: Construction or road work may catch a rider off guard and lead to a collision. This can injure the rider quite badly. Despite protective gear, a bicycle accident can leave you as the rider with serious long-term injuries. Moreover, you could end up in a crash due to someone else’s negligence. As an accident victim in the state of New York who’s been involved in a bicycle crash with a motor vehicle, you deserve to be compensated for your serious injuries by the at-fault driver and/or their insurance company. We recommend you hire a personal injury attorney to best represent your interest. This is even more critical in such a case because New York follows laws of comparative negligence. This means that your contribution to causing the crash will be translated into a percentage of fault and that your compensation amount will then be reduced by that same percentage. It’s important to have a personal injury attorney who will fight for your right to the comprehensive compensation that will hold a negligent driver or third party accountable. Your personal injury lawyer will take into account all the hardships imposed by your accident when determining a fair settlement amount. These may include both financial expenses and non-economic damages for your lost quality of life. If you or someone you know has been injured in a bicycle accident due to the driver’s negligence, you need the top injury lawyers, contact Siler & Ingber today. Call us on 1-877-529-4343 or complete our online form on this page to schedule a case evaluation with one of our experienced personal injury attorneys. Our consultation is free and we do not charge a fee unless we win your case.
