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).
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