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Helping New Yorker's Get The Payout & Verdict They Deserve
For over a decade the Robert Aronov & Associates, PC has been providing accident & injury victims in New York with the payouts & verdicts that they legally deserve. We specialize in wrongful death, motorcycle accidents, side impact collisions, dog attacks, motor vehicle accidents and construction accidents. If you or a loved one is suffering from TMJ, Dismemberment, Shoulder injuries, Fractures, Scars, Burns, Spinal Injuries, Whiplash, Airbag Injuries, Torn or Ruptured Ligaments or Broken Bones you must speak to a legal professional right away.
How Personal Injury Law in New York Works?
Personal injury law protects individuals against any wrongful conduct that results in physical harm or mental harm, whether intentional or accidental. These acts are referred to as tort acts or tortuous acts. Unlike in a criminal case where the government prosecutes the defendant, in tort lawsuits the objective is to seek compensation for damages resulting from the wrongful conduct of the defendant.
Personal Injury Claims
Any civil wrongdoing that causes physical injury, mental damages, or emotional damages, can be used as a claim against the wrongdoer. The most common claims under personal injury law include:
These types of claim include common accidents like traffic accidents, accidents as a result of product defects, occupational accidents, and tripping.
Personal injury law also covers accidents arising from negligence by a healthcare professional. These include both medical and dental accidents. Personal injury claims as a result of medical malpractice constitute a very large part of personal injury lawsuits. In fact, more than $3 billion were spent in the US for medical accident payouts in 2012 alone.
Intentional torts are civil wrongdoings that are committed with the intention of posing harm to the victim. Intentional torts commonly include: assault, theft, false imprisonment, domestic violence, and actions that cause emotional distress.
Types of Damages
Damages from personal injury cases are classified into special damages or general damages.
General damages tend to be difficult to measure, in that the damage suffered by the victim cannot be measured in terms of monetary compensation. General damages include emotional distress, pain and suffering, emotional and mental trauma, and loss of consortium. To determine compensation for such damages, expert testimony is often necessary. These gray areas are where the court-battle between accident & injury attorneys can really heat up.
Special damages, on the other hand, are much easier to measure because they typically involve damages with tangible costs. These include, damages to property, medical expenses, and loss of income.
New York Car Accidents Laws & Legislation
Road traffic law refers to an area of law that combines traffic law and personal injury law. The law involves the determination of fault in a road collision and is determined almost exclusively by the laws of the state where the accident occurred.
After an accident, a police officer takes pictures, questions witnesses, and analyzes an accident scene to help understand what happened. The people involved in the accident will then file a claim with their auto insurance company, which will review the police report and determine a fault. Depending on the automobile insurance laws in your state and the person responsible for it, the auto insurance company may reimburse part of the vehicle repair or replacement costs.
When the damage is serious enough, a person may consider filing a complaint against the other drivers. The person filing the complaint is known as the "plaintiff," and the respondent is called the "defendant."
As a general rule, the defendant's insurance company will cover the defense costs of the lawsuit, as well as the damages that the plaintiff could obtain. Many lawsuits claim that one of the drivers was "careless," which meant that the driver had failed to be a safe driver and that the offense was causing the plaintiff's injuries.
Terms associated with car accident laws
There are important terms to know about traffic accident law, including the following:
- Negligence: A way to determine who is at fault in an accident.
- Comparative Negligence: A method of determining liability where more than one person has caused an accident.
- Vicarious Liability: A legal theory that assigns responsibility for an accident to a person who was not directly involved. For example, an employer may be liable for accidents caused by a driver while working.
- Collision insurance: Automobile insurance cover that reimburses drivers for damage sustained in a collision.
- Full Coverage: An automobile insurance cover that reimburses drivers for damage incurred outside a collision.
- Uninsured / Underinsured Motorist Insurance: Automobile insurance coverage that reimburses drivers for damage sustained in a collision with another driver who has no insurance or coverage that is not sufficient to cover all the damage.
ACTIONS TO TAKE IN A CAR ACCIDENT SITUATION
The first thing to do after a car accident is to keep quiet about who is causing this incident. As simple as it may seem, admitting fault is by far the most common mistake made by potential litigants in the moments following an accident. Normally, rules of evidence do not allow out-of-court (or "hearsay") statements. But there is an exception for admissions. Even simple excuses can potentially be used against you.
Conversely, it is important to note any statements made by the other driver. A smartphone, tablet, or another electronic device can be great for recording voice memos in the chaos of an accident scene. Whatever means are available, gather as much detail as possible about the accident. To begin, write down the name and address of the other driver, the license number, and the insurance information.
Other items of evidence to be kept include contact information of witnesses, descriptions of the route, traffic and weather conditions, as well as photographs of the vehicles. If your mobile phone or camera can record video, use it. Make a video from near and far from the scene of the accident, including the location of traffic signs, crosswalks, etc. Be sure also to write down the names of police officers to obtain copies of their reports.
Never neglect the importance of seeking immediate medical care. The whiplash caused by a car accident can cause injuries that the victim may not notice at first, but become more pronounced with time. As a potential plaintiff in a negligence case, you do not want the other driver's attorney to minimize the seriousness of your injuries because you did not feel compelled to seek treatment immediately.
Anything that can be done after a car accident to preserve a victim's right to compensation, the biggest impact is to contact a lawyer. Without the help of a lawyer, you will be alone and vulnerable to the tactics of the other side's insurance company. The expert may put pressure on you to accept an unfair settlement or waive other rights. Before signing anything, be sure to consult a lawyer.
RIGHTS EARNED AS A CAR ACCIDENT VICTIM
Car accidents can cause immense physical and emotional damage to the victim. People suffer injuries, damage to the vehicle, and many other losses due to the negligence of another driver. If you or a family member or a group of friends are involved in a car accident, it is important to know your rights and to claim any damages to which you are entitled. These claims help you pay medical bills, vehicle repairs, and lost wages. It also provides compensation for the emotional distress, pain, and suffering caused by the car accident. These rights a car victim possesses can be further explained in detail below;
- Any victim of a car accident has the right to refuse to make a statement to the insurance company of the other party: The insurance company will ask you for your registered return to process the claims, but it is advisable to seek the advice of a car accident lawyer before signing any document or sending a return. Any part of your statement may be used against you, so it is best to appoint a car accident lawyer who will work to protect your interests and help you get the compensation you are entitled to.
- Any victim of a motor vehicle accident has the right to seek compensation for the physical, emotional and financial loss suffered as a result of the negligence or negligence of another driver: It is important for motor vehicle accident victims to know that they can claim for bodily injury, disability, mental distress, medical treatment, nursing, loss of earning capacity, property damage, loss of earnings, inconvenience, expense; of hospitalization, pain and discomfort, suffering, and mental agony. It is difficult to quantify this damage and claim compensation, especially in cases where no bill can be produced, such as in the case of pain and suffering. A car accident lawyer can legally represent you and help you get the damage you deserve.
- Victims of car accidents should know that they can not only sue the driver, but also other parties who may be wholly or partly responsible for the accident: For example, if your car was crushed by a truck, then you can take legal action against the misplaced driver and the trucking company for their negligence in hiring the driver. In fact, legal remedies in the event of a car accident go well beyond the mere pursuit of the driver. You can also sue third parties such as road contractors and government agencies for negligence. If an intersection is poorly designed or built and causes frequent car accidents, you can claim state agencies because they could have prevented the accidents, but have not done so. You can even sue the equipment manufacturers for a faulty design or construction that caused the accident.
Settlement of Personal Injury Cases
Personal injury cases or tort cases can be resolved in one of two ways. The plaintiff can either file a formal lawsuit (civil complaint) against the wrongdoer. If it is established in a civil court trial that there is negligence on part of the defendant, the defendant must then compensate the plaintiff for all damages established in the case.
Another, more discreet option, is to settle the tort case informally. In an informal settlement, the people involved or their lawyers typically agree to a settlement without filing a legal case against the defendant. The settlement typically comes in the form of monetary compensation for damages to the plaintiff.
Most personal injury law cases in NYC are settled informally. Instead of letting the case reach the civil court, settlement is discussed during litigation. In some cases, when the defendant is sure to be at fault, both parties agree upon an early settlement of the dispute where the defendant compensates the plaintiff for damages incurred as a result of the former’s negligence. The plaintiff, on the other hand, agrees not to pursue a lawsuit in exchange for compensation.
To determine the best course of action for a personal injury case, it is best to discuss your options with your attorney.
Robert Aronov & Associates, PC is a law firm that consists of attorneys that specialize in all facets of the law. In addition to our experience Personal Injury staff we also have a Real Estate, Divorce & Bankruptcy law team. Learn more about our other legal services now.