Personal Injury

Our attorneys can handle a wide variety of issues, including:

• Bicycle Accidents
• Car Accidents
• Construction Accidents
• Motorcycle Accidents
• Pedestrian Accidents
• Slip & Falls
• Truck Accidents
• Wrongful Death

It is our goal to support our clients through the physically and emotionally difficult times ahead. We work on your behalf to recover financial compensation medical expenses, lost wages, physical therapy, and the loss of quality of life.

Personal Injury Lawsuits: Accidents, Liability & Damages

People suffer life-altering injuries for many reasons, and often times their claims are denied by insurance companies or those responsible. Traumatic experiences can cause immense physical and emotional pain and suffering. Many lawsuits are not pursued by the injured parties or their families because they do not realize their accident and injury was the fault of another person. It is wise to look for signs of a potential personal injury for which a lawsuit could protect you financially:

Someone Else Caused the Accident

Any time you’re in an accident that involves another party, there might be cause for a personal injury claim. That person could have made unwise or negligent choices that resulted in the accident. For example, if you were rear-ended because someone was texting, you have grounds to sue that driver for distracted driving. Drunk driving is another example of a situation in which someone might cause an accident for which he or she should pay.

Negligence Caused the Accident

Negligence applies to any decision or lack of one that could lead to an injury down the road. For example, a store owner who leaves obstacles on the sidewalk in front of the shop could be charged as negligent if someone trips over them and gets hurt. Factories and machine operators must also ensure that all belts are covered and safety procedures followed to the letter, because if someone gets hurt as a result of failed safety measures, they could be held liable. Negligence is also common in health-care scenarios. A nurse who administers the wrong medication, or releases sensitive information to unauthorized personnel, or a doctor who commits an error, can be subject to a justified personal injury suit.

You Have Lasting Emotional Distress

Personal injury compensation extends beyond medical bills and repairing the damage to your property. In some cases, you might experience serious emotional distress as a result of the incident. This can have an adverse impact on your relationships, make it difficult to work, and affect other facets of your life in negative ways. You might also face higher medical bills when you seek professional help as a result of your emotional distress. Many accidents can lead to post-traumatic stress symptoms, including extreme anxiety, depression, emotional stress, an inability to participate in certain activities, and more. If your pain and suffering become a long-term condition, you deserve compensation to ease your altered way of life.

The At-Fault Party Does Not Have Liability Insurance

If you get injured on the job or at a commercial establishment, you would hope that the other party’s liability insurance (such as workers compensation policies) would cover the damages. Not all companies have adequate insurance coverage for such events, however. In addition, you might get hurt on someone’s personal property, and he or she probably wouldn’t have liability insurance to cover your expenses. You might wonder how you’d pay for your medical bills and altered way of life. If the at-fault party refuses to pay for damages, you can pursue a personal injury claim in court. It may be a stressful and daunting prospect, but once you’ve gone through it, you might well end up with the adequate financial coverage.

The Accident Led to Property Loss and Damages

In most personal injury cases, compensatory damages are front and center. This refers to money owed to cover the cost of repairing damaged items and any other incurred loss. If your car is knocked out of commission in a collision that wasn’t your fault, for example, the defendant will be charged for its repair or replacement. The same goes for damage to other personal property of value.

You’re Unable to Work Because of Your Accident

Some injuries can alter your lifestyle so significantly that you’re no longer able to work. If you don’t have disability insurance, the pursuit of a personal injury claim can help. If you were injured because of workplace negligence, the company owes you compensation for both lost wages and recovery. Discuss your options with a local attorney, and recognize your right to take back your life despite your injuries.

3 Main Legal Bases for Personal Injury Cases in NY

If you’ve been injured through no fault of your own, you may wonder whether you have a legitimate personal injury case. There are three main bases for personal injury claims, and they are as follows:

1. Negligence - This is the most common basis for personal injury lawsuits. Negligence exists when another person or entity causes your injuries due to their own lack of attention and/or care. An example of negligence is when someone is looking away from the road while driving because they’re responding to a text message and subsequently rear-end your vehicle. If you sustain injuries as a result of the collision, you may be able to sue them for damages.
   
   
2. Strict liability - This is a less common basis for personal injury lawsuits, but is a crucial and expanding area of tort law. This basis holds designers and manufacturers strictly responsible for injuries that result from defective products. Strict liability does not require you to demonstrate negligence from the manufacturer. Instead, you must prove that the product was designed or manufactured in such a way that it was inherently dangerous when used as expected.
   
   
3. Intentional wrongs - This basis is rare but significant. For instance, if another person causes you harm by laying hands on you, even as a practical joke, you may have a chance to file a suit for battery. Or, another scenario could be that a store clerk unjustly holds you for shoplifting and then you can file a suit for unlawful imprisonment. Some perpetrators of intentional wrongs, such as assault and battery, may be criminally responsible for their behavior. However, a personal injury suit is a civil proceeding in court presented by an individual or entity and has nothing to do with criminal charges brought by the government.