You want to be able to go about your daily activities without worrying about threats to your safety and well-being. As a result, societies based on liberty and happiness are feasible. Accidents that result in serious injuries, on the other hand, are unavoidable. Regrettably, they occur more frequently than they should.
According to the Centers for Disease Control and Prevention (CDC), more than 130 million emergency room visits occur in the United States each year. This includes those caused by the negative effects of medical treatment and injuries.
An injury can have long-term consequences, such as chronic pain, lost wages, and crippling medical bills. If another person caused your injury, you must seek professional legal advice. You should hire a qualified and experienced lawyer to fight for the financial compensation you deserve.
What is Personal Injury Law?
Personal injury laws exist to protect people who have been injured as a result of another party’s or individual’s negligence. As a result, if another person’s intentional or negligent actions cause you harm, you may be able to file a personal injury claim.
Personal injury law, also known as tort law, allows you to file a civil lawsuit in court to seek compensation for losses caused by an accident. Personal injury cases seek to have the person who was at fault apologize or compensate the person who was injured.
injury lawyers can specialize in a variety of areas. This can make finding the right attorney for a specific type of personal injury case difficult. Personal injury attorneys, for example, might not be the best choice to represent people in a murder or divorce case. As a result, you should research injury lawyers and the cases they handle.
Who Do Personal Injury Laws Protect?
Tort law protects individuals from harm caused by the negligence, intentional act, or malpractice of another party. This includes the following:
- A driver or passenger injured in a motor vehicle accident resulting from another driver’s failure to obey a stop sign.
- Property damaged by another person’s car.
- A child gets an injury due to a poorly designed car seat.
The Basics of Personal Injury
Personal injury rules apply in various situations. Some of these include:
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Accidents
When one party acts negligently and causes harm to another, the rules apply. Slip and fall accidents, car accidents, medical malpractice, and other common accidents occur frequently.
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Defective Products
Have you been harmed by a consumer product, pharmaceutical, vehicle component, medical device, or other product that was unreasonably dangerous or defective? If this is the case, you may be able to sue the manufacturer for product liability.
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Intentional Acts
Tort law applies when one party’s intentional action causes harm to another. Intentional acts include assault and battery.
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Defamation
Personal injury laws will apply if another person’s defamatory statements cause you harm.
What is Civil Litigation?
When two or more parties cannot reach an agreement, one or more of them seeks legal redress. The plaintiff may seek compensation and bring the case to court, where the outcome will be decided by a jury or judge.
Civil litigation litigators or trial lawyers can assist their clients with a variety of tasks. Examples include arbitration, mediation, negotiation, depositions, and pretrial hearings. If possible, they can try to settle the case outside of court to save money and time. Personal injury attorneys specialize in one aspect or area of civil litigation.
Who is a Personal Injury Lawyer?
Personal injury lawyers are civil litigators who represent victims of accidents or other incidents. These lawyers practice tort law and seek monetary compensation on behalf of their clients.
Their clients are people who are suing for psychological or physical harm caused by the carelessness or negligence of another person. Personal injury attorneys also protect their clients from the legal system and insurance companies. They help their clients obtain fair compensation for their losses. These losses include medical bills, legal fees, pain and suffering, loss of consortium, emotional pain, and the ability to work.
A personal injury lawsuit’s primary goal is to return accident victims to their pre-wrongdoing or injury state. Many lawyers work on a contingency basis. Clients are not required to pay legal fees unless their case is successful. A percentage of the client’s award or settlement is charged by the personal injury attorney. This increases the pressure on the lawyer to work even harder to win the case.
Elements of Negligence
Establishing that the other party owed the injured party a duty of care is the first step in proving negligence in personal injury claims. Accident victims must then show how the other party breached that duty. Essentially, they must demonstrate that the party at fault violated the duty of care through their actions or behavior.
Following the establishment of this breach, the plaintiffs must show that they suffered personal injuries as a result of that breach. To establish a breach of care in a personal injury claim, a plaintiff must show that the other party’s actions, or lack thereof, did not meet the required level of reasonable care.
Duty of Care in a Personal Injury Case
The facts of each case determine what constitutes reasonable care in a given situation. The term “duty of care” refers to your responsibility to avoid harming another person. For example, drivers are required by law to drive with reasonable care at all times. This includes considering factors like visibility, weather, and traffic conditions. Personal injury duty of care examples includes: In the case of a faulty product, the seller, distributor, and manufacturer have a legal obligation to ensure that the products they sell do not endanger customers in ways that are not obvious or reasonable.
- It is the responsibility of medical professionals in a medical malpractice case to provide treatments that meet the standard of care established by medical expert witnesses.
- Businesses and property owners have a legal obligation to keep their premises free of everyday hazards in a slip-and-fall case. Furthermore, they must act at a reasonable time to detect and correct other hazards as they emerge.
Types of Cases Handled by Personal Injury Lawyers
Personal injury attorneys represent clients in a variety of personal injury lawsuits using their extensive knowledge and experience. Do you need a personal injury lawyer in New York? If this is the case, you should hire an experienced injury lawyer with a proven track record of success. Here are some examples:
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Automobile Accidents
The majority of New York City residents must travel on a daily basis. For many people, driving is the most convenient way to get to work, run errands, and do other things. When you get in your car, your goal is to arrive at your destination and return home safely. Unfortunately, this is not always the case.
Every day in New York City, people are involved in various car accidents. Some of these are minor accidents. Some injuries are more serious and necessitate the advice and assistance of an experienced personal injury attorney.
Cases of vehicular accidents include:
- Car accidents.
- Motorcycle accidents.
- Bicycle accidents.
- Bus accidents.
- Pedestrian accidents.
After an automobile accident, contact a lawyer as soon as possible. You should also gather as much evidence as possible at the crash site. There are eyewitness statements, security camera footage, crash scene photos, vehicle examinations, and road conditions. You may lose all of these if you do not act quickly.
Your injury lawyer will immediately conduct an investigation and begin building your case. Insurance and personal injury claims must be filed by the deadlines. An experienced lawyer who understands the law and the court system will assist you in dealing with any issues.
If the insurance company tries to find a reason not to pay out, your lawyer will handle the situation. injury attorneys are skilled at negotiating with insurance companies. They are skilled negotiators who can get their clients the compensation they deserve.
2. Claims for Premises Liability
Every year, thousands of people are injured as a result of dangerous private and public property conditions. According to New York’s premises liability law, property owners and residents have a duty of care to ensure that there are no obvious or potential hazards on the property that could harm visitors or patrons.
A property manager or landowner who fails to notice ignores or causes an unsafe condition may be held liable for any resulting financial losses and injuries. You leave the security and comfort of your home every day for one reason or another.
Property owners are responsible for ensuring that visitors to their premises are safe and do not sustain personal injuries as a result of hazardous conditions. Some examples of premises liability cases are as follows:
- Slips and falls
- Inadequate lighting
- Harmful chemicals or materials
- Faulty wiring
- Poisoning
- Negligent security
- Swimming pool accidents
- Fire accidents
- Snow and ice accidents
- Amusement Park accidents
- Dog bite accidents
- Flooding and water leak accidents
- Escalator and elevator accidents
The vast majority of people arrive safely and without incident at their destination. Unfortunately, this is not always the case. Accidents can occur when property owners fail to maintain all aspects of their properties and grounds. In such cases, accidents caused by unsafe conditions on New York properties may qualify for premises liability claims.
Have you been injured as a result of a property owner’s negligence? A lawyer can assist you in obtaining compensation from the property’s owner or manager for your injuries or losses.
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Defective Product Liability Claims
Consumer protection laws are in place in New York and across the country to protect the public. They ensure that businesses manufacture and sell safe products. Nonetheless, defective products continue to reach consumers despite strict standards and regulations.
You have legal options if you are injured as a result of a defective product. If their products cause harm, companies that design, manufacture, or sell harmful or dangerous consumer products may face legal consequences. injury lawyers handle product liability lawsuits in which negligent companies are held accountable. They work tirelessly to ensure that personal injury victims receive fair compensation.
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Medical Malpractice Claim
When patients are injured as a result of negligent medical care provided by healthcare professionals or organizations, this is referred to as medical malpractice. They must compensate patients for any harm they cause if they fail to meet a certain standard of care.
Medical malpractice cases cover several possible actions, such as:
- Misdiagnosis.
- Surgical mistakes.
- Prescribing the wrong drugs.
- Errors in anesthesia.
Medical malpractice cases are highly technical and complex, requiring extensive resources to build a solid case. Furthermore, proving such cases can be difficult because patients must show that the injury was caused by a mistake on the part of the medical staff. Working with the right law firm will increase your chances of a favorable outcome.
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Workers Compensation
Employees who are injured on the job may be entitled to workers’ compensation. Workers’ compensation insurance is a type of insurance that employers carry to cover lost wages, medical expenses, disability benefits, and any employee who suffers from a temporary or permanent disability. In these cases, it is frequently necessary to contact the insurance company that pays the compensation on behalf of the employer.
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Construction Accidents
Every day, thousands of people work on construction sites across New York. Construction accidents can cause significant financial and physical losses for workers. Surgical and medical costs can quickly add up, and because injured workers are unable to work, paying for their rising living expenses becomes a major issue.
These losses and injuries have the potential to have long-term and devastating consequences. Some may even prevent employees from earning their regular wages before the accident. Have you been injured as a result of someone else’s negligence in a construction accident? If this is the case, you should contact a personal injury law firm that has litigated workplace accidents.
The following are some of the most common construction worker injuries in New York City: Concussions are caused by falls.
- Repetitive motion injuries.
- Broken arms and legs.
- Burns.
- Electrical accidents.
- Illnesses caused by harmful chemicals.
- Head injuries due to falling objects.
- Spinal cord injury and back injuries due to scaffolding accidents.
- Traumatic brain injuries.
Severe injuries can sometimes result in death, especially when a building collapses. If you have lost a loved one in a construction accident, look for a New York personal injury lawyer who has handled wrongful death cases.
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Nursing Home Negligence
Severe injuries, especially when a building collapses, can sometimes result in death. If you have lost a loved one in a construction accident, seek the assistance of a injury lawyer who has experience handling wrongful death cases.
Nobody deserves to be abused or neglected in any way. When this happens, it is critical that those responsible are held accountable. Contact Gregory Spektor & Associates in New York for a free case evaluation and legal counsel if your loved one was abused or neglected in a nursing home.
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Birth Injuries and Negligence
Was your baby harmed at birth as a result of a medical professional’s negligence? If this is the case, you should seek the assistance of a reputable New York law firm in your quest for justice. Birth injuries can occur in a variety of ways for infants. It can be difficult to determine what you legally can and cannot do.
Parents, on the other hand, do not have to suffer in silence as a result of a lack of understanding about medical malpractice issues. Examples of common birth injuries and negligence cases include:
- Oxygen deprivation.
- Cerebral palsy.
- Failure to perform or delayed C-section.
- Injuries are caused by mechanical birth devices like vacuum extractors and forceps.
- Mismanaged or misdiagnosed pre-eclampsia.
- Unsafe medications.
- Monitoring issues.
- Failing to induce.
- Use of excessive force during delivery.
The medical delivery team must take every precaution to ensure safe delivery. Unfortunately, mistakes by doctors and nurses can and do occur, resulting in birth injuries. Some of these errors can have long-term consequences for both the child and the mother. If this happens to you, having an experienced lawyer on your side is critical.
Are You Looking for An Attorney in NYC? Welcome to Gregory Spektor & Associates, P.C.
Do you need the lawyer in New York? If this is the case, please contact Gregory Spektor & Associates in New York City. Our lawyers draw on their experience and knowledge of the local legal community to litigate on behalf of clients in a variety of matters. At Gregory Spektor & Associates, we serve clients not only in Queens but also in the Bronx, Brooklyn, and throughout New York City. Our experienced lawyers are well-versed in the local legal community and are ready to fight on your behalf in a variety of matters, providing you with the best legal representation possible.
Our exceptional team of lawyers and support staff will provide you with the best legal representation possible when you hire our law firm. Our legal practice encompasses a wide range of areas in which people in Queens and Nassau County frequently require strong legal strategies and compassionate counsel.
If you need a dependable and skilled injury lawyer, come to our Queens, New York office. Call 1(800)318-8888 for a free consultation or to make an appointment.
