New York Personal Injury Lawyer
If you’ve been injured in a construction accident, you deserve to get the compensation for your medical recovery, mental trauma, and pain & suffering. Get the compensation by working with a New York construction accident attorney. The attorneys at Siler & Ingber, LLP offer free case evaluations for any victim that has sustained injuries in a construction accident.
While an absolute number of injuries suffered by New Yorkers is not available. But a report by theNew York Department of Health suggests that 823 per 1,00,000 New Yorkers end up in the hospital due to an injury. This just about 1% of the population. Moreover, rate of death from injuries in New York stands at about 40 per 1,00,000 New Yorkers.
What entails a personal injury?
Any injury suffered due to someone’s negligence can be considered a personal injury. Some of the common personal injury causes in New York are:
- Motor vehicle accidents – this includes car accidents, motorcycle accidents, truck / bus accidents, bicycle accidents, etc. An injury caused due to any such accident can be considered a personal injury.This could also include an injury suffered in an accident involving a taxi.
- Slip and fall – this can include any injury caused due to a slip and fall due to someone’s negligence, for example, an icy sidewalk or on a wet floor at someone’s property / commercial property, etc.
- Accident at a work site – this could include any injury suffered as an employee at the work place due to employer negligence or other reasons, such as, faulty equipment, poor maintenance of equipment, etc.
- Product liability – this refers to an injury caused due to a damaged / faulty product. Any one, regardless of whether they bought the product or not, can file a personal injury lawsuit if they get injured by using a faulty product.
- Medical negligence – Usually referred to as medical malpractice, any injury caused due to negligence by health care worker is considered a personal injury. This can also include any harm caused / injury suffered by you or someone you know in a nursing home / care facility.
- Others – Some other types of personal injuries may include a dog bite injury, a boat / train accident, injury suffered while play a sport, etc.
Laws which govern personal injury in New York
New York’s personal injury laws depend on the type of accident and the injuries. However, fundamentally, to prove someone’s negligence in a personal injury claim, there is a need to prove that you were injured due to their wrongful conduct.
Some basics about personal injury claims in New York are:
New York is a comparative negligence state. comparative negligence comes into play when the injured party is partly at fault for the accident New York follows “pure comparative fault” rule when both parties are at fault. Under the pure comparative fault rule, the plaintiff’s damages award is reduced by a certain share which equal to their share of fault.The comparative fault rule in New York applies even if you are found to be more responsible for the accident than the negligent party.
If you have lost a family member in an accident caused due to someone’s negligence, you can file for a wrongful death claim. In this case, you can recover some of the losses suffered. Of course, it is needless to say that is an emotionally difficult time for the families, but the compensation can provide some sort of financial stability to the surviving members, especially in cases where the deceased was the only earning member.
This refers to personal injury claims in cases where the concerned person has deceased. If the deceased member suffered any losses, such as medical expenses, trauma, pain and suffering, their next of kin can bring survival action on behalf of the deceased to compensate for the losses.
Determining negligence in a personal injury claim
Determining the at-fault party’s negligence in a personal injury claim in New York involved four critical details:
- The at-fault party owed the victim a duty of care: This refers to reasonable care anyone should take while carrying out day-to-day activities. For example, if you’re running a grocery store, it is essential that you leave “floor is wet” sign, when relevant because if someone slips or falls due to a lack of warning, you become the responsible party.
- The duty of care was breached by the at-fault party: This involved proving that the defendant behaved negligibly and someone else in their place may not have done the same thing. Here the plaintiff needs to provide evidence that if the accident would not have occurred had someone else been in the at-fault party’s place.
- The injury was caused due to breach of duty of care: It is essential to prove / demonstrate that the injury caused is actually a result of the breach of duty of care by the defendant and not any other reason, such as an underlying medical condition, etc.
- Actual injury / damages were caused due to breach of duty of care: It is required for the victim to prove that actual injury / damages were caused, such as by producing medical bills, expenses incurred to repair damaged property, etc. Without such evidence, the defendant is not held accountable.
Getting the compensation, you deserve
If you’ve suffered an injury due to someone’s negligence, you deserve a compensation. Hire a personal injury lawyer and let them take care of it. A personal injury attorney at Siler and Ingber will understand your long-term needs and the money necessary for your care. When valuing your accident claim, we will make sure that the compensation covers all the financial expenses and the damage done to your quality of life. A few such components which should be included in your settlement are:
- Current and future medical bills for medical treatment
- Car repair or replacement costs
- Physical or emotional therapy
- Lost wages and income
- Pain and suffering
- Emotional distress and disfigurement
- Lost enjoyment of life
Ask what’s on your mind
It is important that you trust the personal injury attorney. Feel free to ask them any questions. Some of the frequently asked questions are. Contact a New York personal injury lawyer at Siler and Ingber today! Call 1-516-294-2666, or use the online contact form on this page to schedule a free consultation.
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