Motor
Vehicle Accidents / No Fault Insurance
Car
Accidents
Medical
Malpractice
Wrongful
Death
Cancer
Misdiagnosis
Dog
Bites
ATV / Boating Accidents
Hunting
& Firearms Accidents
Birth
Injuries
Brain / Head
Injuries
Construction
Accidents
Fall
Down Injuries
Insurance
Settlements
Motor
Vehicle Accidents / No Fault Insurance
When it comes to personal injury claims, automobile
accident cases are the most common. According to the
National Highway Traffic Safety Administration, every
10 seconds someone in the U.S. is involved in a car
accident. Though less numerous, truck accidents are
far more dangerous. Most deaths that occur in these
truck or tractor trailer accidents are of the
passengers of the automobiles. Any person injured
through the use or operation of a motor vehicle is
entitled to be paid no fault benefits. These benefits
are available to drivers, passengers, pedestrians or
anyone else who is using or operating the vehicle.
Medical
Malpractice
Medical malpractice is the result of a healthcare
provider's failure to provide the expected standard of
care. Legally, healthcare professionals are only
required to give a standard of care that is ordinary
or normal. When a physician is determined to be
negligent, it means that he or she has failed to use
the same degree of skill and learning, under the same
or similar circumstances, that are used by other
members of the medical profession. In the state of New
York, any medical malpractice lawsuit must be brought
within two and a half years from the time of the
malpractice, or within two and a half years from the
date of the last continuous treatment for the
condition that gave rise to the lawsuit.
Wrongful
Death
Wrongful death refers to a fatality that occurs
because of the negligence or misdeeds of another
person, corporation or entity. It is under tort law,
and is designed to compensate the surviving family for
their loss due to the death of another family member.
Wrongful death holds an individual, group or
corporation (defendant) accountable for causing injury
to another person (plaintiff). The primary goal of a
personal injury tort is to provide relief (damages) to
the plaintiff and to deter the defendant from
inflicting further harm to others. Survivors may
receive damages for the earnings the deceased would
have provided, damages for medical and funeral
expenses for the deceased, loss of services from the
deceased, loss of counsel from the deceased, and
sometimes, punitive damages.
Cancer
Misdiagnosis
In 1999, the Institute of Medicine (IOM) released a
disturbing report citing medical mistakes as the 8th
leading cause of death in the United States. The key
to the successful treatment of cancer is an early
diagnosis. A failure to diagnose cancer in its early
stages or a delay in diagnosing cancer until after it
has been present for a long period of time often
results in death.
Dog
Bites
In New York, any owner, keeper or landlord may be held
liable if proper steps are not taken to prevent
injuries caused by a vicious dog. This makes them
accountable for injuries sustained if the dog was not
properly secured on their premises or on a leash.
Costs of treatment for the dog bites are often very
high. Dog bite treatment can include emergency room
visits, hospitalization, psychological treatment and
often plastic surgery. You will be entitled to damages
for such medical expenses, in addition to
reimbursement for lost wages and pain and suffering.
Hunting
& Firearms Accidents
Compared to other outdoor sports, hunting is
statistically safe. Unfortunately, accidents do happen
and are often the result of hunting safety and game
law violations. Those injured in hunting accidents may
be entitled to file a claim and receive damages from
the responsible party. Those held responsible must pay
monetary damages that include lost wages (current and
future), medical costs and other financial
compensation.
Birth
Injuries
During labor and delivery, medical complications can
result in birth injuries. A "birth injury"
is defined as any type of damage to an infant's body
before, during or just after birth. Cerebral palsy and
Erbs palsy are the most common types of injury. There
are many circumstances where brain damage or birth
injuries are caused by mistakes made by doctors,
hospitals or other medical professionals during the
delivery process. Unfortunately, doctors and hospitals
will almost never admit fault or offer to pay
reasonable damages to cover even the likely economic
loss from an injury. If the doctor or hospital is held
responsible for your child’s birth injury, you may
be entitled to recover damages to assist you in caring
for your child.
Brain
Injuries
A head injury, or traumatic brain injury, is any type
of trauma to the head that results in an injury to the
skull, brain or scalp. More than 5 million people in
the United States are currently suffering disabilities
due to head injuries, including traumatic brain
injuries, acquired brain injuries, closed head
injuries, penetrating head injuries and anoxic (lack
of oxygen) brain injuries. Many head injuries could
have been prevented, but because of the negligence of
someone else, a personal injury results. Car accidents
are the leading cause of brain injuries in the U.S.,
and most of the accidents are due to negligence. If
negligence is the cause, the victim may be entitled to
recover damages, including all current and future
medical costs, property damage, pain and suffering,
loss of current and future earnings, loss of enjoyment
of life and in some cases, punitive damages.
Construction
Accidents
Construction accidents kill or injure thousands each
year. Many construction accident cases involve several
potential third-party defendants, parties such as the
owners, architects, subcontractors and equipment
manufacturers, all of whom may bear responsibility for
your injuries. The law requires that construction
companies ensure a reasonably safe site. The
contractor and all subcontractors must provide a
reasonably safe work environment as well as warn
workers of hazards that are inherent in the site and
nature of the work. Construction equipment
manufacturers also have a responsibility to design and
maintain safe products. In any personal injury case,
negligence must be proven and it must be established
that the injury was caused by that negligence in order
for a damage award to be made.
Fall
Down Injuries
According to the law, property owners are obligated to
provide safe, secure and properly maintained premises.
Regardless of how or why a person enters a property,
property owners may be held liable if injury occurs.
If you have fallen and been injured on somebody else's
property, you may claim reasonable compensation for
your pain and suffering, mental anguish, lost capacity
for the enjoyment of life, as well as medical bills
and lost wages.
Insurance
Settlements
The majority of auto accidents cause minor property
damage, while others result in substantial property
damage, serious personal injury or death. Accident
victims may become overwhelmed by the barrage of
telephone calls, paperwork, accident reports,
treatment costs, medical bills, paperwork and other
documentation received after an auto accident.
Conversely, insurance companies have the time,
resources and familiarity with procedures to stay busy
working to minimize their personal injury payout or
settlement. A recent study has shown that personal
injury victims who are represented by professional
counsel receive substantially more compensation than
those who try to represent themselves (on average
three times as much).
|