What is a Personal Injury Case?
A personal
injury case is a claim or lawsuit for damages caused by the negligent, reckless
or intentional actions of another person or organization. Most people are familiar with the typical
cases for traffic accidents and slip and falls, but there are many other types
of cases that a personal injury attorney in NYC can help you with. If you suspect that the harm you’ve suffered
was caused by somebody else, it never hurts to have a consultation with a
personal injury lawyer to find out if you might be entitled to compensation.
Traffic Accidents
When you are a
driver, passenger or pedestrian that is injured in a car accident, you can make
a claim against all responsible parties for pain and suffering, lost future
earnings and other damages sustained in the accident. In New York your medical bills, lost earnings
and “out-of-pocket” expenses are usually paid by “no-fault” insurance. If you were working at the time, these
benefits are usually paid by workers compensation. In New York, you must have a “serious
permanent” injury in order to start a lawsuit for a traffic accident, so it’s
worthwhile to speak to a Queens, Manhattan, Bronx, Staten Island or Brooklyn
personal injury attorney to find out if your injuries will meet this
requirement.
Slip and Fall
These are a type
of premises liability claim, holding property owners responsible for creating
or failing to prevent a condition that causes a person to “slip and fall,”
sustaining injuries. The owners must
have “reasonable notice” of the condition in order to be liable for the
consequences. For example, a store owner
would not be responsible if somebody slipped because a customer spilled water
on the floor moments before an accident.
If a dangerous condition at a premises causes you to fall, and you are
injured, it’s worth it to consult with a personal injury attorney to determine
whether or not you have a case. There is
no “serious injury” threshold for these cases, but it’s still not worthwhile to
make a mountain out of a molehill, making a claim for a trivial injury that
healed quickly.
Medical Malpractice
When medical
professionals (doctors, nurses, physical therapists, etc.) make mistakes, and a
patient suffers as a result, it’s worth considering a claim for medical
malpractice. These are never small cases
as they require hiring medical professional as expert witness, which is very
costly. The mistake or recklessness must
be clear, and the injury must be severe and permanent. The best way to know if you have a medical
malpractice case is to call at Personal Injury Lawyer in NYC that specializes
in medical malpractice, or a firm that has attorneys that specialize in this
area.
Premises Liability
In addition to
“slip and fall” cases, there are many other types of premises liability cases
such as dog bites, assaults and sports accidents. All personal injury cases have the same basic
requirements - somebody’s negligence, recklessness or intentional act caused
harm to another person. If you have been
harmed on somebody’s property, it’s a good idea to speak to Queens, Manhattan,
Staten Island, Bronx or Brooklyn Personal Injury Attorney to find out if you
have a case. Don’t wait too long -
deadlines can be short in some situations, especially for suing government
entities.
Civil Rights
When somebody is
denied equal treatment under the law due to their race, national origin, sexual
orientation and many other illegal reasons, there can often be a claim for a
violation of civil rights. Sexual
harassment in the workplace is one example, but there are many other types of
claims for police brutality, hostile school environment due to bullying and
inmate abuse and neglect.
If you have suffered due to violations of your civil rights, you should
call a personal injury attorney for a consultation.
Wittenstein
& Wittenstein is the most reputable personal
injury attorney in NYC, with offices in Queens and Manhattan. Please call 718-261-8114 for a free consultation.
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