What are the Categories of Personal Injury?
Personal injury law in New York encompasses a broad spectrum of legal issues that arise when an individual suffers harm due to someone else's negligence or intentional actions. If you or someone you love was injured in a personal injury accident because of the negligent actions of another entity, an experienced New York City personal injury attorney can establish liability and help you obtain the largest possible compensation for your injuries and losses.
Types of Personal Injury Claims in New York
- Car Accidents: Car accident cases involve legal matters related to injuries or damages resulting from motor vehicle collisions. Attorneys may help clients obtain compensation from at-fault parties or insurance companies.
- Motorcycle Accidents: Lawyers experienced in motorcycle accidents handle cases where individuals on motorcycles are involved in personal injury. These cases generally have unique considerations due to the vulnerability of motorcyclists.
- Bus Accidents: This area deals with legal issues arising from accidents involving buses. Attorneys may represent passengers, pedestrians, or other drivers involved in bus-related incidents.
- Truck Accidents: Truck accident cases involve collisions with large commercial trucks. Attorneys may address the complexities of these cases, such as determining liability and dealing with trucking regulations.
- Construction Accidents: This deals with legal matters related to injuries or accidents that occur on construction sites. It may involve issues like unsafe working conditions, equipment failure, or negligence on the part of contractors or property owners.
- Premises Liability: Premises liability focuses on injuries that occur on someone else's property due to unsafe conditions. This can include slip and fall accidents, inadequate security leading to assaults, or dangerous property conditions.
- Sexual Assault & Abuse: This involves representing victims of sexual assault or abuse. Your attorney may pursue civil legal action against the perpetrators or institutions responsible for failing to prevent such incidents.
- Slip and Fall Accidents: Slip and fall cases typically revolve around injuries sustained due to hazardous conditions on a property. This can include wet floors, uneven surfaces, or poorly maintained premises.
- Train Accidents: Personal injury attorneys handle cases related to injuries or damages resulting from train accidents. This may include incidents at railroad crossings, derailments, or on-board injuries.
- Workplace Accidents: Workplace accident lawyers handle cases related to injuries sustained on the job. This can include construction site accidents, industrial accidents, and other work-related injuries.
- Mass Tort: Mass tort involves legal action against a defendant for harm caused to multiple victims. This could include cases related to defective products, environmental disasters, or pharmaceutical issues affecting a large number of people.
- Product Liability & Defective Products: Attorneys in this area handle cases where individuals are harmed by defective or dangerous products. This may involve holding manufacturers or distributors accountable for injuries caused by their products.
- Defective Drugs: Cases in this category focus on injuries or harm caused by defective pharmaceutical drugs. Attorneys may pursue legal action against drug manufacturers or distributors.
- Workers' Compensation: Workers' compensation lawyers assist individuals in obtaining benefits after a workplace injury. This may include compensation for medical expenses, lost wages, and rehabilitation.
- Medical Malpractice: Medical malpractice attorneys handle cases where individuals suffer harm due to the negligence of healthcare professionals. This can include surgical errors, misdiagnoses, or medication mistakes.
- Asbestos & Lung Cancer: Lawyers in this field may represent individuals suffering from asbestos-related diseases, such as lung cancer, due to exposure in the workplace or other settings.
- Wrongful Death: Wrongful death cases involve legal action on behalf of surviving family members when a person's death is caused by the negligence or intentional actions of another party.
Important Laws Related to Personal Injury in New York
Personal injury laws in New York include statutes and legal principles designed to protect individuals who have suffered harm due to the actions or negligence of others.
Statute of Limitations
New York has a statute of limitations that sets a time limit for filing personal injury lawsuits. Generally, the deadline is three years from the date of the injury. However, there are exceptions, and the specific circumstances of the case may impact the timeframe.
Comparative Negligence
New York follows a comparative negligence system, allowing individuals to recover damages even if they are partially at fault for the accident. However, the amount of compensation may be reduced in proportion to the claimant's degree of fault.
No-Fault Insurance
New York is a "no-fault" state for car accidents. This means that individuals injured in a car accident must first recover compensation from their own insurance company, regardless of who was at fault. Based on this, there are exceptions to this rule, especially for serious injuries.
Financial Damages
In a personal injury case, damages may be awarded to compensate the injured party for various losses. This can include medical expenses, lost wages, pain and suffering, and other economic and non-economic damages.
Strict Liability
Some personal injury cases in New York involve strict liability, where a defendant can be held responsible for injuries without proving negligence. This often applies to certain product liability cases.
Dram Shop Act
New York's Dram Shop Act holds establishments that serve alcohol liable for injuries caused by individuals they served if those individuals were visibly intoxicated.
Joint and Several Liability
In cases involving multiple defendants, New York allows for joint and several liability. This means that if one defendant cannot pay their share of the damages, the other defendants may be held responsible for the entire amount.
Assumption of Risk
New York recognizes the legal principle of assumption of risk, which may affect the ability to recover damages if the injured party knowingly and voluntarily assumed the risks associated with a particular activity.
Are Personal Injury Accidents Common in New York?
Personal injury accidents are unfortunately common throughout the state, with thousands of New Yorkers reporting such incidents each year. These devastating injuries can lead to severe financial hardships. Understanding the potential compensation available in the event of an injury is important, providing a path to regain control of your life with the necessary financial support.
An experienced New York City personal injury lawyer can help you obtain compensation for the following:
- Medical Expenses
- Lost Income
- Pain and Suffering
- Emotional Distress
- Loss of Consortium
- Punitive Damages (in cases of extreme negligence)
Why Early Legal Representation Helps in Personal Injury Claims in New York?
Preservation of Evidence
Acting promptly allows the lawyer to gather and preserve important evidence, such as witness statements, surveillance footage, and accident scene conditions before they are lost or altered.
Assessment of Case Strength
Your attorney will be able to assess the strength of your case, identify potential legal issues, and determine the most appropriate legal strategies. This can influence the direction and success of your claim.
Negotiations with Insurance Companies
Insurance companies often try to settle claims quickly and for minimal amounts. Having an attorney early in the process ensures that you have someone experienced in negotiating fair settlements on your behalf.
Prompt Legal Action if Necessary
If legal action is required, early involvement allows your attorney to initiate the process promptly. This can be important for preserving evidence, meeting deadlines, and ensuring a timely resolution to your case.
Access to Medical Experts
You may need to consult with medical experts to strengthen your case. Contacting a lawyer early gives them the time to engage relevant experts who can provide valuable insights into your injuries and their long-term impact.
Legal Help is Here from Top-Rated Personal Injury Attorneys in New York City
At the Law Offices of Michael S. Lamonsoff, PLLC, our esteemed legal team, led by the formidable “Bull,” is dedicated to obtaining the compensation and justice you are entitled to. Our impressive results include a $12 million award for victims of a train derailment and a $16 million verdict against the NYC Department of Education for sexual abuse, among numerous other multimillion-dollar settlements in various types of personal injury cases. To request your free case review, call us at 212-962-1020 or reach us online.