If another person’s wrongful action causes you harm, you deserve justice and compensation.
The reckless behavior and neglect of others can cost you and your family more than you are capable of bearing. Medical bills, long recoveries, lost wages in addition to pain and suffering can affect you for the rest of your life.
In many cases, a personal injury may be minor, leaving you with a few bumps and bruises. In some cases, these personal injuries can be quite serious and life-altering. They may impact your emotional and physical well-being, along with the lives of your loved ones.
When you have suffered a personal injury at the hands of someone else, you need the help that only experienced legal epresentation can give you. You need legal advice so that you can understand your options, someone who can help you avoid making mistakes that will make you ineligible for compensation, and who can represent you in court.
Let our team of accident lawyers help you fight for the compensation you deserve. Start with a confidential consultation that’s completely free to you. We’ll answer the questions you have about your personal injury case and the possibilities that exist for compensation.
Below, you can learn more about this area of law. While the following information does not constitute legal advice (every injury is different, and every case depends on many factors), it may guide you to know what questions to ask your New York City personal injury lawyers.
Personal injury law refers to the provisions in the law that allow individuals who have been injured in an accident to file lawsuits to claim compensation for the harm they’ve experienced because of the actions of others.
In general, the purpose of a personal injury lawsuit is to help injury victims recover financially following an injury where another party was responsible.
While these lawsuits target specific damages, such as the debts incurred by medical bills, they may also include damages that can’t be easily calculated, such as pain and suffering, or emotional distress.
Personal injury law in the state of New York covers a wide variety of situations and injuries. The outcome of any personal injury case may depend on the type of harm done and the causes behind it. In the sections below, you’ll learn some details about the types of acts that can lead to personal injury lawsuits.
Personal injury rules typically apply to the following cases:
Intentional acts occur when a defendant purposely causes harm to another person, whether that harm is physical or psychological. The cases that involve these claims are known as “Intentional torts”.
Examples of intentional acts that may end in personal injuries
Many of these acts are crimes. The local prosecutor may choose to file criminal charges independently of your personal injury claim.
While the criminal charges won’t play a direct role in your case, a conviction could be used as evidence of your claims. However, remember that a successful conviction doesn’t mean your personal injury case will succeed, just as a dismissal doesn’t mean that your case will fail.
Accidents typically result when a defendant acts in a negligent manner, and their carelessness causes harm to another individual. These types of cases are referred to as “Negligence-based torts.”
There are considered to be two different levels of negligence. Ordinary negligence or just “negligence” is used to refer to common failures to take reasonable precautions against harm to others.
The next level is “gross negligence.” This term is used to refer to accidents that were caused due to an unusually high level of indifference or disregard. This type of negligence isn’t intentional, but it applies in cases where the person who caused the injury should have understood the likelihood that they would injure someone.
Examples of accidental acts that may end in personal injuries
If you were injured by an act of gross negligence, your case may involve a higher level of damages or additional punitive damages.
Defective products are products that are likely to cause injury because they are unreasonably dangerous or don’t operate as intended.
Consumers are considered to have the right to expect that the products they buy will be safe for the intended use and the procedures described in the owner’s manual. Manufacturers have a duty to design and manufacture products that are safe for use.
A victim who is injured by one of these defective products (for example consumer goods, vehicle parts, medical devices, or pharmaceuticals) can make a claim for compensation against the manufacturer.
Examples of defects that can lead to a lawsuit
Defective products typically injure many people before they are removed from shelves. These types of lawsuits have the potential to become class-action lawsuits if enough people who have experienced the same harm form into a class of claimants.
Libel, slander, and defamation are considered to be causes of action for personal injury lawsuits if they result in harm to someone’s reputation. Defamation lawsuits typically apply when:
Defamation-based personal injury lawsuits may be able to recover several types of damages. The final award in these cases may include:
Even though personal injury is a broad field of law that includes many unique injuries, there are certain personal injury cases that are relatively common, including:
When an individual (including motorists, pedestrians, or passengers) is injured in a car accident, they can seek compensation for their injuries and financial losses.
These cases are relatively common because of the frequency of motor vehicle accidents and the serious injuries that may result when someone is involved in one. It’s not unusual for a car accident to involve brain and spine injuries, amputation, or even paralysis, which can lead to lifelong complications.
When a person is injured because of defective products or improper warnings, they can seek compensation for their injuries.
These harmful products can include everything from dangerous drugs, consumer products, defective car parts, medical devices, chemicals, and toxic materials. Those that can be held accountable for these defective products include:
Medical malpractice cases deal with injuries that result from a doctor’s inappropriate treatment or a doctor’s negligence.
Typically, in order to have a medical malpractice case, you would need to show that the doctor has broken a rule or taken inappropriate, incorrect, or negligent actions when treating a patient. Medical malpractice cases often involve:
Medical malpractice claims can be challenging to pursue. Large healthcare organizations and their insurance providers will retain legal teams, and you may be pressured to sign statements surrendering your right to sue after the injury. You should speak to a personal injury lawyer before signing anything.
When an accident is caused by a defective or dangerous condition on another person’s land, this is referred to as premises liability. These accidents can occur on commercial properties, including
Commercial property owners are not the only ones who have a duty towards the safety of others in their homes. Private homeowners can be the targets of lawsuits if they endanger their guests with reckless conditions.
In general, the dangerous conditions that often rise to a “premises liability” claim include slipping and falling, falling down a set of stairs because of faulty handrails, or unmanaged ice and snow conditions.
Wrongful death cases involve an individual’s death because of another party’s negligent actions. As a result of these actions, the family members of the deceased can pursue compensation for their losses.
Wrongful deaths may occur in any of the situations that are covered in this section. Auto accidents, defective products, and medical malpractice, for example, can easily lead to the death of a loved one in addition to severe injuries.
If an individual is killed or injured while working for their employer, they usually cannot bring a personal injury lawsuit against their company. This is because most employees need to file a claim under the Workers’ Compensation Act, which requires employers to provide their injured employees certain types of benefits.
However, depending on the circumstances, a third-party personal injury claim may be filed. That is why it is best to discuss the situation with an experienced New York City personal injury attorney to determine what legal actions you can pursue.
These accidents occur when an individual sustains injuries or damages due to endeavors to improve, build, repair, demolish, clean, or construct.
Usually, employees cannot sue their employer for on-the-job injuries. Workers’ Compensation often covers workers in construction accident cases, but that may not cover all of the bills and lost income that results from these injuries. If a third party was involved, a case is more feasible.
One of the following parties may be found liable for a construction site accident:
Pedestrian accidents are any accident that involves someone on foot being injured by another force, such as an accident involving a car or bicycle and a pedestrian.
Vehicle operators have an established duty to watch out for pedestrians and to observe warnings that pedestrians may be sharing the road (for example, at crosswalks). These accidents frequently involve catastrophic injuries to pedestrians involved.
Bicycle accidents can occur due to the numerous risks and hazards that cyclists face on the roads of New York City. Vehicles and unsafe conditions may injure cyclists due to poor maintenance, or pedestrians who are trafficking in areas reserved for bikers, forcing cyclists to make dangerous decisions to avoid injuring others.
Cyclists have little protection from either drivers or obstacles on the road. The injuries that result can easily be life-threatening or even fatal.
Public transportation accidents typically involve accidents involving buses, trains, subways, taxis, and airplanes. Sadly, due to the number of people involved in these public transportation accidents, they can end up being quite devastating, often leading to significant injuries and multiple deaths.
Depending on how the accident occurred or what happened, injuries resulting from this accident can range in type and severity. Yet, some of the most common types of personal injuries include the following:
The CDC defines traumatic brain injuries (TBI) as a disruption in the normal functions of the brain that are caused by a blow, jolt, or bump to the head, or a penetrating injury. However, this technical definition does not capture the misery that is experienced by those who suffer from these injuries.
Even mild cases of TBI may cause the following symptoms:
TBIs can be particularly dangerous, since the full extent of your injuries may not be apparent until months after the accident. You may come to a settlement that doesn’t come close to compensating you for the medical costs and lost income that you’ll face over your lifetime. This is why it’s important to work with a personal injury law firm who understands the long-term possibilities of TBIs.
Head injuries involve any injury to the skull, scalp, or brain, and may affect any of the vital systems in the head, including the brain, spine, and sensory organs. The effects can range from mild bruising to traumatic brain injuries and concussions. For the most serious of these injuries, the effects can be excruciating, debilitating, and lifelong.
Head injuries may result in short-term or permanent:
In the worst cases, the accident victim may never fully regain consciousness or regain the ability to move freely. They may require permanent medical assistance, prescriptions, or assistance.
Those with a neck and back injury can have localized tenderness, stiffness, and pain. Often, muscles on either side of the spinal column can spasm immediately after the injury and up to 24 hours later. Whiplash is one of the most common conditions associated with neck and back injuries. This is an injury to the soft tissues that support the neck. It can lead to long-term symptoms that include:
You may have a lot of questions, such as how to file a lawsuit, prove liability, and potentially ask for workers’ compensation. Our seasoned New York attorneys have years of experience working in personal injury law and can help you through your journey. 888-BIG-WIN-LAW Today.