Personal Injury Law: From Negligence To Emotional Distress

Posted on November 30, 2015December 31, 2021 by Daniel Rosenfeld

Accidents that cause injuries can happen anytime and anywhere. It can happen to you or your loved one and oftentimes, it might be due to the negligence of another party. When taking steps toward protecting your or your loved one’s legal rights due to an accident or injury, the first step is to get basic information on “personal injury” cases.

Defining Personal Injury cases and personal injury law:

A ‘personal injury’ case is filed when a person suffers harm or injury due to an accident that may have been caused by another person’s negligence or wrongful conduct. A personal injury case is formalized through legal court proceedings that seek to prove others to be legally at fault by means of a court judgment. At times, disputes may be resolved through an informal settlement before both parties bring the matter to court.

Personal injury law is composed of the legal defenses and remedies involved in the civil lawsuit brought about by a personal injury case. This type of case involves a tort action because it involves wrongdoing or harm caused by another person. Within criminal laws, the government prosecutes the wrongdoer.

In a tort action such as the personal injury case, the private plaintiff seeks compensation, usually in the form of money, for the injury or harm caused by the defendant’s actions.

Most personal injury cases are about negligence. Essentially, negligence occurs when somebody does act responsibly and puts others at risk. Negligence may not result in someone getting hurt but responsible citizens must take precautions to ensure that they don’t cause harm upon other people.

Though the doctrine of personal injury also believes in the fact that some accidents are unavoidable, the plaintiff establishes liability by showing a reasonably prudent person to be put in the position of the defendant and how he would have acted responsibly under the same circumstances.

A few examples of negligence commonly seen in personal injury cases include:

Car accidents caused by drunk drivers
Medical complications and consequences that have resulted from the carelessness of a physician
Dog bites due to the owner’s negligence in allowing the dogs to roam around free

In these situations, the party in question has not acted responsibly and ignored the risks posed to other people as a result of their actions (or inaction’s) leading to injury of the plaintiff.

Upon being proven guilty, the defendant is required to pay for all the injuries caused by their wrongdoing or negligence. The court calculates the types of damages incurred. Some of these may be computed easily such as property damage and medical bills. However, intangible types of injuries such as emotional distress and physical incapacity resulting to loss of ability to earn are more complex and requires expert testimonies to assess the cost. There may also be punitive damages to deter and punish the negative conduct.

One issue that can make a tort action challenging is when the tort-feasor or the person who directly harmed the plaintiff, may not be financially capable enough to cover the expenses once the a judge has passed his ruling.

A common way of handling this involves hiring an experienced injury attorney to help you identify and sue other parties who may be equally liable based on their relationship to the tort-feasor. The tort-feasor may be a delivery driver, or a nurse, or a store clerk. An experienced injury attorney will be able to determine other parties who may be liable (such as an employer) or relevant to the personal injury case. In instances like this, the defendant may not have the burden of shouldering compensation and will be in a better position to comply with the penalty and damage requirements caused.

Common torts and defenses:

Aside from negligence, personal injury law may be used in cases of intentional torts where it is proven that the defendant willfully and intentionally caused harm or injury the plaintiff. Common examples of intentional torts include the following:

Theft
Battery
Assault
Trespassing
Infliction of emotional distress
Harassment

On the other hand, there may be scenarios where defendants are held liable even if they show that they did everything they could to avoid causing harm. This is called strict liability.

The defendant is strictly liable if he causes harm to anybody as he engages in an activity that may be deemed legal and even after taking precautions. Strict liability includes highly dangerous activities such as building demolition or transporting hazardous materials.

Other tort cases involve the use of defective products. Manufacturers are expected to be socially responsible with the products that they produce. Designing or selling an unsafe item that causes harm to its customers is a product liability of the company under the strict liability theory. This type of case has the tendency to become big when the number of plaintiffs increase resulting in enormous financial penalties.

When defendants face a personal injury case, the main course of action is to rely on a few defense theories such as arguing that the plaintiff didn’t act with due care and that they are also partially responsible for their own injury. Defendants may also claim that the plaintiff has assumed the risk of considering the consequences of their actions by voluntarily participating in the activity that caused the injury. The defendant may dispute that the plaintiff has implicitly taken the action which resulted in harming the plaintiff.

With all the common theories that can defend a person’s responsibility for personal injuries, a person needs to consider hiring an expert personal injury attorney to make sure they present their case properly. Be they the plaintiff or the defendant, hiring a lawyer will help gather the necessary documents and file the forms as well as prevent violations caused by late filings of the lawsuit which is common in personal injury cases. An injury attorney can explain your rights and your chances of winning the case. When searching for an attorney, See if they have a proven record in the personal injury cases or law.

Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2 Flushing, NY 11367 (718) 682-3480 https://injurylawyerqueensny.com/

Car Accident Injuries: First Steps To Take

Posted on September 9, 2015December 31, 2021 by Daniel Rosenfeld

According to data that was collected by the US Census Bureau, there were around 10.8 million motor vehicles accidents in the year 2009 alone. That number does not include the multitude of small bumps, scratches and collisions that go unnoticed and unreported every year.

Being involved in a car accident can be very stressful. If and when you get into one, you should remain as calm as possible and take the steps necessary to ensure that everything is resolved in a manner that is in the best interest of all parties involved.

What You Should Do

Call emergency services

Even if you are not injured, the best thing you can do is to call emergency services. Having police officers on the scene helps you get detailed documentation of the incident that will help you once you file an insurance claim.

Get the other driver’s insurance information

The most important thing to do is get the other driver’s insurance information. This is important because the companies need this so they can discuss who will pay for the damage.

Record the incident

If you still have your faculties about you, try to get as much information as you can about the incident as possible. This involves getting pictures of the car/s from multiple angles, and getting pictures of the surrounding area. Even if this may seem excessive, it will be extra evidence that you can use to backup your story.

Get medical attention

If you are only slightly injured it is still important that you get medical attention immediately. Some injuries might take a few days to surface, making it difficult to prove that the injury was caused by the accident. It is also a good idea to keep a detailed account of the all the medical procedures that you went through during your recovery.

Collect information

After the accident, try to get as much information about the incident as possible. Police reports, photographs, witness accounts, contact information, correspondence with doctors and receipts are all items that will help you when you file your claim.

If your injuries prevent you from moving around, ask a family member or a friend to gather all of the evidence and documents for you.

What NOT to Do

Don’t lie but don’t try to claim sole responsibility either. If, for example, you crash into a parked car, you are usually the one who is at fault. But in most cases, it’s not so simple. Even if you did make a mistake, it is possible that the other driver might have made one as well.

What you need to do is give a complete and honest report of what happened to the police and the insurance company. Don’t offer your opinion but stick to your story and hand over photos or any other evidence that you might have gathered.

Getting Professional Help
In any situation, it can be very difficult to deal with insurance companies. If you are finding it difficult to keep up with all of the requirements of the insurer or if you find it daunting to engage in claim settlement negotiations, a personal injury attorney can help you with the paperwork and put together proper demands for your claim.

Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2 Flushing, NY 11367 (718) 682-3480 https://injurylawyerqueensny.com/

Medical Malpractice 101: Finding Legal Representation

Posted on June 9, 2015December 31, 2021 by Daniel Rosenfeld

Do you need of a medical malpractice lawyer but don’t know what questions you should be asking? Here are a couple suggestions that should help in your search.

Firstly, you are going to need a lawyer who has extensive knowledge and experience and is willing to try to win the case in court. Secondly, you are going to want a lawyer who will give it to you straight — One that will be honest and won’t beat around the bush. Last but not least, how much is it gonna cost? That’s always one of the biggest questions.

First off is the experience and their knowledge. Both experience and knowledge are huge when it comes to medical malpractice. These lawsuits are not simple. They tend to be extremely complex and most jurors are not going to understand the jargon that is used unless they themselves are medical experts. You also need a lawyer who is familiar with medical field, with good understanding of different medical treatments and is capable of explaining those treatments in normal and easy to understand terminology. Basically, layman’s terms.

If you have taken the time to research your medical problem, you can ask your lawyer if they are familiar with your medical problem and how well they understand it. How well they understand your problem will give you an idea of how well they really comprehend why you feel that there was medical malpractice. See if the lawyer capable of explaining any other potential causes for your medical problem? Have they handled similar cases that involve your medical problem or similar medical problems?

Another big factor is how willing they are to try the case. Not all attorneys will take a case. Some of them will talk you up and then decide not to take the case because they consider it too risky. Or if they do take the case, some of them will try to convince you to settle out of court because they don’t want to take the time to battle it in court. Insurance companies know that if a lawyer won’t try a case they will most likely offer small monetary compensation and know that the lawyer will accept that offer rather than settle in court.

Here are a few questions you should ask your potential medical malpractice lawyer:

When was the last time they handled a medical malpractice case?
How many medical malpractice cases have they handled?
How long is the average time frame for a medical malpractice trial?
Will we go to court if the insurance company tries to low-ball the offer?

Last but not least is the fees. Obviously no sane lawyer is going to take a medical malpractice case pro-bono (that means no charge). Usually, they charge either a percentage of the settlement amount, a flat fee, or even an hourly rate. The only way you are going to know is if you ask. Just remember, don’t choose a medical malpractice lawyer without researching them. Make sure you take time to find out who they are and try contacting some of their previous cases to get a feel of what to expect.

Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2 Flushing, NY 11367 (718) 682-3480 https://injurylawyerqueensny.com/

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Spinal cord (SCI) injury 101: How An Attorney Can Help

Posted on April 27, 2015December 31, 2021 by Daniel Rosenfeld

Spinal cord (SCI) injury is a term used to describe any injury to the spinal cord that results in a loss of sensation or function in the body. Approximately two million people worldwide and nearly 200,000 in the United States live with a spinal cord injury. Nearly 11,000 Americans sustain SCI each year. These injuries cost the nation an estimated $9.7 billion a year. More than 80% of new spinal cord victims are young men between the ages of 16 and 30.

Any trauma that compresses pushes sideways, or cuts the spinal cord may cause SCI. A severed spinal cord cannot be repaired. Car and motorcycle accidents, gunshot and knife wounds, falls, and sports injuries are the most common causes of damage to the spinal cord. In fact, nearly half of the estimated 7,800 non-fatal SCI’s that occur each year are the result of motor vehicle accidents. Whiplash is a common injury in car accidents. In whiplash, an injury to the neck results from sudden backward and forward motion that can cause chronic pain and reduced range of motion.

Insurance companies and negligent parties may be obligated to provide victims with compensation. As an injured party, you have the right to seek the assistance of a personal injury lawyer to defray medical bills, compensate for pain and suffering and provide for lost potential income through legal action. Symptoms of spinal cord damage may include weakness, poor coordination, paralysis, numbness, tingling, loss of bowel or bladder control, and general pain. When a physician suspects a spinal cord injury a CAT scan, MRI, or Myelogram are typically used as diagnostic tools.

In most cases, some spinal cord fibers remain intact and become the focus of any prescribed treatment. A physical therapist can help determine the ability to move and, over time, the therapist may encourage exercise and increased activity to restore movement. Many victims suffer recurring back pain and inflammation, requiring prescription pain medication to manage the problem. After the initial injury heals, functional improvements may continue for up to six months.

Roughly 37% of spinal cord injuries are caused by car accidents. If you have suffered a spinal cord injury in a motor vehicle accident, your automobile insurance company, or that of the other driver, may be obliged to provide compensation. Insurance policies may cover the costs of your injury and rehabilitation. The issue of who caused the accident and injury may or may not be relevant, depending on your state.

Violence is the cause of 28% of spinal cord injuries. If your injury is the result of violence, you may be entitled to compensation, depending on where the incident occurred and who was responsible. If your injury is the result of a violent attack, such as a mugging, you may be entitled to legal compensation for your injuries even if the attacker is unknown. For example, if the attack took place in a shopping mall parking lot, the shopping mall may be responsible for the damages.

Slips and falls are responsible for 21% of SCI cases. These injuries are often work-related, occur on construction sites, or are caused by defective products. If you have a spinal cord injury as the result of a slip or fall, you may be entitled to monetary compensation. Under the theory of premises liability, the property owner may responsible for preventing unsafe conditions. Under the theory of product liability manufacturers of defective products, such as a ladder with insufficient safety features, may be liable.

A personal injury lawyer with experience handling spinal cord injury cases can help determine whether you have legal recourse.

If you have been the victim of a spinal cord injury, you have a right to seek compensation for your injury. It is important that you consult an attorney as soon as possible after an injury to preserve this right. The law imposes a statute of limitations, which varies from state to state, that provides a limited time within which to pursue your claim. If you or a loved one have suffered health problems due to a spinal cord injury, contact an experienced personal injury lawyer to discuss your legal options.

A spinal injury robs you of the life you once knew and the future you planned for. A good injury or accident attorney can’t give you back your old life back, but we will work to see that you have the resources you need to go forward in your new life.

Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2 Flushing, NY 11367 (718) 682-3480 https://injurylawyerqueensny.com/

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Personal Injury Law: Act Fast & Avoid Statute Of Limitations

Posted on March 26, 2015December 31, 2021 by Daniel Rosenfeld

Any wrongdoing done by anybody that negatively affects others is considered a civil wrong and everybody is within their rights to report it and take legal action against the offender. All victims can pursue compensation for the damages caused.

The laws surrounding personal injury are known as tort laws. Tort laws were made to legally define civil wrong and are the basis of compensation claim lawsuits. All states in the USA have these laws to protect citizens from abusive or negligent people and organizations.

Personal injury laws will be different within each state but there are several similarities in all of them. The main purpose of personal injury laws is to ensure that citizens are protected and can claim compensation should they ever fall victim or experience damage due to somebody else’s actions.

To properly pursue a case, personal injury victims seek out attorneys that specialize in personal injury. These attorneys will present their clients their available options for claiming compensation and guide them all the way through the case. As aforementioned, personal injury laws are different in each state so you need to make sure you consult a lawyer within the state the incident occurred in. State lawyers possess more in depth knowledge of state laws and are in a better position to provide clearer options for their clients in conjunction with the context of state laws.

It’s common for people to be unaware of their entitlements under tort law and simply let an event pass by and accept the consequences of somebody else’s action. One should not act like a superhero and try to move on too fast. The hard truth is, people need to recover from damages caused to them in a way that will truly restore their situation to status quo. They need money to cover medical care, property damage, job loss, mental stress, reduced income, and much more. There is a legally accepted process involved for victims to get back on their feet so don’t rush and seek legal help right away.

You have to remember to act quickly. If you or anybody close to you should ever find themselves in an accident because of somebody else’s irresponsible behaviors, get in touch with a lawyer quickly. There is an SOL (statute of limitations) clock that counts down immediately after the day of the accident and once the SOL expires, the validity of your claim expires with it. In some states like Florida, the SOL for personal injury cases is 4 years. You have that much time to file a claim otherwise you will receive no compensation.

It’s worth repeating that you should find a lawyer that specializes in personal injury cases. There are several lawyers and law firms all over the USA who focus in this field alone. You’d be surprised to find that some lawyers are so specialized in their field that they will only accept specific case types such as car accidents, medical malpractice, slip and fall, dog bites, spinal cord injury, brain injury, etc. These kinds of personal injury lawyers have a strong chance of helping their victims pursue the best possible course of action for winning.

Experienced professionals will help you receive more than just compensation for damages. Don’t be slow, react immediately and call your lawyer once you fall victim because of the recklessness of a stranger. Know your rights and get justice.

Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2 Flushing, NY 11367 (718) 682-3480 https://injurylawyerqueensny.com/

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The Best Tips For Hiring A Personal Injury Attorney

Posted on March 23, 2015December 31, 2021 by Daniel Rosenfeld

Anyone who has been injured in an accident resulting from someones negligence will need to make one of the most important choices of their lifetime. That’s right, choosing the right personal injury lawyer will make or break your case. Your legal representative will also have to get the job done emotionally as you will require tender love and care. This is not to mention the heavy financial responsibility the attorney will have in the court room. The right legal adviser will also help the accident victims on the road to recovery. Robert Aronov, a prominent New York personal injury lawyer, believes that in many instances the choice of a personal injury attorney can have more bearing on how victims ultimately feel about the resolution of their complaints than the pure financial award.

Aronov says that lawyers who only represent their clients’ financial claims can be insensitive to their clients’ emotional claims. “Our job is to try – often against impossible odds, to restore our clients’ lives as closely as possible to their pre-accident states,” Aronov says. “In that respect, spiritual recovery often is as vital a step in the healing process as financial restitution.”

Aronov advises accident victims to ask attorneys who they are thinking about retaining just how much face-to-face personal time they will receive while pursuing justice. Aronov, himself, deliberately restricts the number of cases he and his colleagues at Robert Aronov & Associates accept in order to ensure that each client gets close, personal attention.

“Ask a prospective attorney, ‘How many cases do you currently represent,'” Aronov recommends. If the answer is many hundreds or thousands, ask the attorney how he or she will find time to give you and your case the personalized care you deserve, he adds.

“An attorney who obtains a decent financial settlement for clients but never takes the time to meet with them or to address their emotional needs, only heals part of their wounds,” Aronov says. “Accidents victims have already forfeited some control of their lives. The last thing they need is to lose control over their own cases,” he adds. “The reason we call our profession ‘Personal Injury Law‘ is because the cases are very personal to those bringing them.”

Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2 Flushing, NY 11367 (718) 682-3480 https://injurylawyerqueensny.com/

Automobile Accidents & Personal Injury Law

Posted on March 23, 2015December 31, 2021 by Daniel Rosenfeld

Automobiles are the main means of transport within the United States. It isn’t a secret that traffic accidents are one of the major causes of death in the united states. Over 90% of all transportation related deaths are caused by motor vehicles. Traffic accidents can lead to damaged or destroyed vehicles, serious injuries or even death to passengers and pedestrians alike.

Traffic accidents also account for damages to property, lost wages for some people, and high medical bills. It should go without saying that victims of traffic accidents have a full right to compensation for their loss and injuries.

Beyond the physical injuries, majority of accident victims also have to deal with the emotional strain of living with their injuries and the financial disaster that they and their families must now manage. It isn’t uncommon for victims to have a mental breakdown due to being overwhelmed by doctor visits, physical therapy, and mounting medical bills. Victims usually have to take time off from work and are at risk of losing their means of income.

There were more than 25 thousand deaths caused by car crashes in the united states in 2012. Majority of these accidents were caused by impaired drivers, speeding, or dangerous road conditions caused by weather.

Injuries incurred in vehicular accidents range from minor to major injuries. Here are a few samples of minor injuries:

Lacerations
Bruises
sprains
several others.

Car crashes also cause spinal injuries, neck injuries, back injuries, internal injuries or injuries to the brain. These injuries, lead to massive medical bills, severely diminished quality of life, reduced or diminished wages, and possible permanent injuries.

Unfortunately, not all traumatic, long-lasting brain injuries are recognized immediately right after an accident. Some can manifest at a later date, complicating matters. A number of people who’ve survived serious accidents have received something known as a “shearing” injury. A shearing injury is when brain tissue collides with jagged portions of the skull, the ramifications of which are vast and can affect individuals in countless ways.

In the United States, 1 in 500 people suffer from this type of injury every year. From those that receive this injury, 1 in 10 of them are considered severe. The remaining others receive mild shearing injuries but this still has a big impact on the victim. Car accident cases keeps personal injury lawyers busy 365 days a year and 7 days a week.

Victim’s of mild shearing injuries usually suffer from the following:

Rapidly shifting moods
loss of basic cognitive functions
loss of memory functions
and several others

Victims of motor vehicle accidents are usually entitled to recover damages for physical and emotional distress, permanent disfigurement, wrongful death, dismemberment, trauma, stolen potential for enjoying life, and family distress along with many other kinds of damage and issues.

Should you or one of your loved ones ever find themselves in an automobile accident, please contact an attorney immediately. Provide them the information they ask for for them to review and they will discuss your legal options. Personal injury law is a very serious matter and can influence how the rest of a victim’s life can be.

Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2 Flushing, NY 11367 (718) 682-3480 https://injurylawyerqueensny.com/

Bus Accidents in Queens & Personal Injury Law

Posted on March 23, 2015December 31, 2021 by Daniel Rosenfeld

Though currently uncommon, bus accidents still do happen all around the United States and they’re results can range from minor injuries to life-altering accidents. Sadly, our borough recently experiences a horrific bus accident on October 27th 2014. 8 people were injured in an MTA bus accident in Queens. Here are a few common causes of bus accidents in the five boroughs and the United States in general:

Defective bus parts caused by poor maintenance
Negligent driving
Impaired driving
Speeding or driving well below the speed limit
Road disrepair
Poor weather conditions

Injuries resulting from bus accidents have been consistently decreasing but bus crashes and accidents are still occurring with some prevalence. 2008 had more than 10,000 recorded bus accidents which resulted in over 23,000 injuries.

While the numbers do indicate a steady decrease in bus accidents every year, they are by no means a non-existent problem and still result in the injuries of thousands of people in the United States, leading to millions of dollars in accumulated expenses.

Millions of people depend on bus services as their main means of transportation. Buses are one of the many forms of large scale public transportation. Other forms include, the subway, passenger vans, and school buses. On the topic of school buses, 1,368 fatalities have been reported between 2001 and 2010. This is an average of 137 deaths per year. These are students and can sometimes include young children. In addition, a number of these accidents were caused by failed safety inspections within large bus companies.

After a being caught in a bus accident, the first thing a person should do is go to the doctor or emergency room. Most people are then directed to return for additional diagnostic tests and treatment from specialists. Make sure you store the medical records and medical bills accumulated as your personal injury lawyer will need them when taking your case.

Some personal injury lawyers even specialize in bus accidents. Seeking out a well experienced lawyer is necessary to make sure you know your rights and can receive due compensation. A seasoned lawyer can also help you with the trauma of the accident and explain the liability issues involved in your case.

It is worth noting that any accident that occurs with a government owned bus can muddle liability. Your rights aren’t as protected in these accidents as it is generally more difficult to receive proper compensation from government entities than a private company. A bus accident involving a private company usually means that the driver is at fault but accidents involving government owned vehicles are complicated since they have a little protection from liability.

Another thing that complicates matters for the victims of bus accidents is that some injuries can take some time to manifest and aren’t immediately obvious right after the accident. Some injuries appear days later or can even take a few weeks before a victim feels their effects. This is not limited to physical trauma, emotional distress can also form weeks after a bus accident.

The best way to keep yourself protected and receive the verdict and payout you desire is to hire a personal injury lawyer you can trust and can represent you in court.

Personal Injury Accident Firm Of Queens 141-24 Jewel Ave Fl 2 Flushing, NY 11367 (718) 682-3480 https://injurylawyerqueensny.com/