When a person suffers an injury, nearly every aspect of their life will be upended. Serious and traumatic injuries are invasive in nearly every aspect of a person's life. What a person once found easy will become difficult after an injury. Things like going to work, getting around, even simply relaxing in one's own home without experiencing pain all become difficult tasks. Injuries can be frustrating and expensive. If you have been injured, you may be unsure of where to turn. When hospital bills start rolling in, it can be frustrating to deal with, especially if the injury could have been avoided in the first place had someone else been more careful.
New York Personal Injury Law
Typically in a lawsuit, the party who has been harmed (known as the plaintiff) can recover damages from the party that caused the harm (known as the defendant). "Damages" is a term that refers to monetary amounts sought out in a lawsuit that correspond to what the plaintiff has suffered. This can come in many forms. Some common forms seen in personal injury cases include pain and suffering, medical costs, lost wages, and more.
If an individual dies or is killed due to the negligence or misconduct of another, the surviving family members may sue for "wrongful death." These types of claims are typically limited to the surviving spouse, children, or parents. This category can sometimes be expanded under certain circumstances.
Generally, these claims are pursued against the individual or individuals who have contributed in a significant way to the events that caused a person's death. These individuals are known as defendants. Defendants can come in many forms: an irresponsible intoxicated driver, a company that fails to create a safe product, a doctor that failed to perform up to professional standards.
Dogs are capable of serious injury or even death when they attack and/or bite. Most dog bite injuries can be prevented, meaning that an owner's actions, including neglect, abuse, or a failure to adhere to state regulations, is somehow a contributing factor in an attack.
New York law dictates that the owner or custodian is strictly liable for medical costs resulting from any injuries caused by a “dangerous dog”. A dangerous dog is a dog with one that attacks without justification or behaves in a fashion that would compel a reasonable person to believe the dog poses “serious and unjustified imminent threat of serious physical injury or death.” If the dog identified in a dog bite is legally deemed dangerous, the owner is “strictly liable” for the medical bills accrued as a result of the injury. This is the case even if the dog's owner has taken the necessary precautions to control or restrain their dog.
Automobile accidents can result in catastrophic injury and serious property damage or loss. If an accident was caused by another driver's negligence (for example a distracted, intoxicated, or careless driver), the victim may be able to pursue a personal injury claim against the driver at fault.
If you've been in an accident, contact emergency officials, get the other drivers' contact information and insurance information, contact your insurance company immediately, and pursuant to New York State law an MV-104 Accident Report must be remitted to the Department of Motor Vehicles within ten days from the accident, and then contact an attorney to determine the best course of action for making sure that you won't suffer undue economic hardships.
Slip and Fall
Slip and fall accidents are the reason for millions of emergency room visits each year for older Americans, and a leading cause of serious injury for people over the age of 65.
At a grocery store, retail store, or any other setting that is owned by another individual or company, owners have an obligation to keep their premises safe. In the event that an owner fails to maintain a reasonably safe space, and someone becomes injured due to these failures, the victim may be able to pursue a claim for damages against the owner.