New York Premises Liability Law Blog

The Basics of Personal Injury Law for Those Living in New York

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People injured in New York City accidents might be able to pursue financial damages through a NYC personal injury attorney if it can be proven that another party was at fault. Another’s fault entails that negligent, intentional or unlawful actions resulted in you suffering damages of a physical, emotional and/or financial nature. The majority of claims covered by personal injury lawyers NYC include medical malpractice, car accidents, wrongful death, product liability, premises liability and slip and falls.

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New York personal injury cases are bound by some form of statute of limitations which limit the time that claims can be filed against defendants for three years from the date of accidents. The statute of limitations on medical malpractice is 30 months and wrongful death is two years. A New York construction accident attorney or other personal injury lawyer (depending on the nature of your case) can help you file for an extension.

The first step upon experiencing an injury is to employ the services of an attorney that will submit a Summons and Complaint to the court associated with hearing your type of case. If your case involves an on the job accident attorney NYC then they will file your complaint to a specific court. However, if your case requires a slip and fall accident lawyer NYC, your complaint may need to go to a completely different court. Each type of case will be determined through its appropriate court.

Regardless of the nature of your accident, if you feel your injury was due to the negligence, intentional or criminal behavior of someone else, contact our personal injury law office in NYC for professional assistance.

If Your Child Has Fallen Victim to HIE, You May Be Able to Receive Critically Helpful Compensation

HIE, or hypoxic-ischemic encephalopathy, occurs when a person is deprived of oxygen for an extended period of time, starving the brain and causing damage to it and the central nervous system. HIE has a very high frequency of occurrence in newborns that can contract the condition under a doctor’s supervision, while in the hospital, or during childcare. Babies that acquire severe cases of HIE experience a mortality rate that reaches as high as 50 percent. Even if babies are fortunate enough to survive, 80 percent of them will end up struggling with severe developmental issues, mental retardation, or cerebral palsy.

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HIE cases can occur through negligent physician care of the expecting mother, negligence concerning the care of the newborn infant in the hospital, or when the newborn infant is under the negligent care of nannies, babysitters, or day care workers. If your case involves medical negligence, then medical malpractice lawyers in NYC can help you obtain compensation. If your child contracted HIE while under the care of another individual or day care center, you can still gain damages through a NYC personal injury lawyer.

HIE normally causes brain damage which can leave your child suffering abnormalities for the rest of their lives as well as place a tremendous strain on you to provide both physical and financial care. You shouldn’t have to bear such a burden alone. Contact us for a consultation with a brain damaged baby lawyer NYC today and we will help you obtain as much compensation as the law allows. Receiving damages may not make your baby healthy, but it can go a long way towards ensuring they are properly cared for.

Do You Have Legal Options If You or a Loved One Are Burned by Scalding Water?

Tap water that is too hot can cause devastating burns, especially to small children. A short three second exposure to scalding water of 140ºF can produce third-degree burns that require emergency medical attention and possibly skin grafting. Death can even occur to children scalded by hot water with those under the age of four years old having twice the death rate as those between the ages of five and 14.

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Burn injuries affect victims on multiple fronts. Not only do such injuries cause devastating physical pain and deformations that can include nerve and tissue damage, but the mental impact can cause psychological issues for their entire life. These issues are greatly multiplied when the victims are children. Although it is the responsibility of parents and legal guardians to take the necessary steps to prevent hot tap water burns, injuries suffered in a rented unit may be the fault of a negligent landlord. In such cases, you may be eligible for certain compensations acquired by a NYC serious injury lawyer.

Landlords are responsible for adhering to various regulations that are designed to protect tenants from incidents like scalding tap water. If they control your unit’s water heater, then they should ensure that it is set to no higher than 120ºF. They can also install special devices that prevent scalding water from reaching domestic units by stopping water flow if temperatures reach a pre-determined level. If you rent and someone in your home has received a burn injury from scalding tap water, a free consultation with a personal injury lawyer NYC from our firm can help you identify your options.

Can I Be Compensated For Potential Future Medical Expenses Resulting From An Accident?

Injuries occur, but sustained injuries are often complex. Some injuries require medical treatment for long periods of time and some can reoccur at a later date, requiring further medical care than initially administered. If there is any chance at all that you might experience future problems from an injury obtained as the fault of someone else, you should seek counsel from a professional New York personal injury lawyer to determine if future medical coverage can be obtained.

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Most people and businesses have liability insurance these days, so injuries incurred due to their negligence or fault are covered by their insurance companies. Such companies normally pay damages for medical expenses and any property damage, provide reimbursement for lost work time and pay compensation for pain and suffering.

However, future medical expenses can also be sought during the legal process. This is particularly important if your doctors believe you may have ongoing or future problems due to the injury. For example, head injuries often seem minor at first, but can cause debilitating problems days, weeks or even months later.

A free consultation with one of our personal injury legal experts can help determine if you should pursue future medical compensation. Our New York lawyers skilled in personal injury cases will then seek medical opinions and gather other pertinent information to help you determine a sufficient compensation amount that will ensure you are covered both now and in the future.

Who Is Liable For Your Injuries After A Fall?

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Thousands of people are injured due to falls every year. A portion of those who fall and are injured do so because of their own carelessness. However, another percentage of fall injuries occur due to the negligence of someone else. Personal injury awards cannot be pursued if the fall is a result of your own carelessness, but such awards can be sought by personal injury lawyers if it can be proven that the fall was a result of someone else’s negligence.

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How do you know if you can sue or not? If the cause of your fall down a flight of stairs was because you were not paying attention, then a case against another party will probably not be won. However, if the cause of your fall was due to wet stairs from an employee mopping that did not appropriately mark the area with warning placards then you can indeed seek awards to cover medical expenses, time off work and possibly pain and suffering. Basically, if your NY personal injury attorney can prove that the cause of the fall was due to owner damage to the property, the owner or hired personnel knowing about but not repairing the damage, or that affected areas were not properly identified or cordoned off then you can claim personal injury damages.

If you believe that injuries received during a fall were due to another person’s negligence, then contact us for a free consultation with a professional personal injury lawyer in NY. We will work to get you the compensation that you deserve.

Construction Sites and Inadequate Safety & Know Your Rights If You Are Injured

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The chances of falling victim to injury while doing construction work are much greater than those of most other jobs. The reasons for such elevated risks include working around large and usually mobile equipment, the presence of loose, unfinished and protruding obstacles, working at dangerous heights, exposure to an abundance of electrical wires, and more.

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In spite of most companies taking all the necessary precautions possible, minor to catastrophic injuries can still occur as a result of unexpected accidents or negligence. Common construction site injuries include burns, broken bones, head and back trauma, amputations, paralysis, deafness, blindness, and others.

Quite often, construction workers that experience injuries during work can only file for worker’s compensation. However, depending on the cause of the injury, workers might also be able to file personal injury claims against responsible parties other than their employer, such as companies of defective equipment, tools or other products used. The general contractor of the job might also be found negligible and responsible for damages to cover lost wages and medical expenses as well as for a certain amount of pain and suffering. Other entitlements might also come from property owners, professionals (engineers or architects), managers, or the company for violating OSHA regulations.

Although construction injuries are more common than those of other types of jobs, there is no need for you to suffer physically, emotionally, or financially. Contact us to receive counsel from one of our NY personal injury trial lawyers to find out to what compensation you are entitled.