Personal injury lawsuits begin when your attorney files a legal document called a complaint against those responsible. It asserts that their negligent acts caused damages to be sustained by you as the plaintiff.
Your lawyer may also pursue a claim of vicarious liability in some instances. This allows you to sue an entity that employs a physician for malpractice they commit while at work, such as a clinic.
Property Owners
Property owners have a responsibility to keep their property safe, and if they fail in that duty, they can be held liable for injuries that occur on their premises. This is known as premises liability, and it covers situations that happen in businesses, residences, parks, fields, and private homes.
Personal injury lawyers help clients obtain financial compensation for their losses. These can include past and future medical bills, lost income due to an inability to work, and lingering pain and suffering. They understand how to calculate the value of these damages and will not settle for less than you deserve.
A seasoned personal injury lawyer will also defend you against tactics the insurance company may use to devalue your claim. For example, they might delay negotiations in the hopes you will become impatient and accept a low settlement offer. An attorney could remain patient while being persistent with the insurance company, so they will not get away with this trick.
Medical Malpractice
Medical malpractice occurs when doctors or other health care providers breach their legal duty to patients through negligence. Not every mistake committed by healthcare providers constitutes malpractice; instead, negligence must have directly caused injury to the patient in question and this can be demonstrated by testimony, medical records, expert opinions, photographs and videos.
Medical negligence cases can be difficult to prove, with healthcare providers and their insurers often having strong interests in defending these claims against patients. That is why having an experienced medical malpractice attorney on your side is so crucial.
If you have been injured by medical professionals, it is imperative that you contact an experienced medical malpractice lawyer immediately. Each state, including New York, has a specific statute of limitation within which to file your claim; furthermore, many malpractice cases require a certificate from a physician that confirms they believe your case has merit.
Defective Products
The negligent parties that manufacture, distribute and sell dangerous products often go to great lengths to avoid being held accountable for causing injury. If you’ve been injured by a defective product, New York personal injury lawyers can help.
These claims can involve injuries caused by poorly designed or manufactured products, as well as faulty drugs and medications, medical devices and children’s toys. Personal injury attorneys that specialize in product liability cases can investigate the manufacturing chain from beginning to end to identify all liable parties.
The good news is that most personal injury attorneys work on what’s known as a contingency basis, which means they don’t get paid unless they win or settle your case. This arrangement can save you thousands if not tens of thousands in legal fees. For example, your attorney can determine if you have a viable claim, and then negotiate on your behalf with the defendants and their insurers. This can include negotiating the terms of a settlement or reaching a court-approved resolution.
Negligence
If you were injured due to another party’s negligence, financial compensation may be available to you. A Manhattan personal injury attorney can help gather evidence and prove the damages before a judge or jury. Economic damages include medical bills, lost wages and property damage while noneconomic ones such as pain and suffering can be more difficult to quantify.
Your lawsuit must allege that someone owed you a duty of care but breached this responsibility, leading to an accident which resulted in injuries. For example, if a driver ran a red light and hit you as they passed you by without stopping for you at an intersection, they have breached their duty of care owed them and should have given way more care in doing so.
Accidents that result in catastrophic injuries that drastically reduce quality of life may qualify you for sizable compensation, under New York law you could recover costs like medical costs, lost earnings and pain and suffering among other losses.