New York is a “no-fault” insurance state. This means that you must first turn to your own insurance to recover compensation, irrespective of fault. However, people who meet the threshold for serious injuries can sue in court, as long as they do so within three years from the date of the accident. Generally, if the other driver is totally at fault for a car accident, the other driver will need to compensate you through their insurer. However, sometimes the other driver alleges that the victim was partially to blame, and in that case, the principle of comparative fault will apply. The victim’s damages will be reduced by an amount proportionate to their fault. Our accident attorneys can help New York City car crash victims fight for the full amount of compensation that they need.
The construction industry is dangerous to both workers and bystanders. A construction worker may have the right to claim workers’ compensation benefits with regard to their employer. Moreover, there are special laws that apply to construction workers who are injured on the job under certain circumstances. For example, the Scaffold Law (section 240) provides a right of recovery in court to a worker who is injured in a gravity-related construction accident at certain types of projects, not including one- and two-family homes. This applies whether the harm was caused by the worker falling from a height or by the worker being struck by a falling object. The law imposes absolute liability for worksite hazards on the property owner and contractors.
If you were struck by a vehicle other than a car, whether it was a bus or a truck or a train, you may be able to recover damages. In order to recover damages following a transportation accident, your New York City accident attorney must usually establish negligence. This means showing that the defendant owed you a duty of care, the defendant breached the duty of care, and their careless driving caused the accident. Operators of various kinds of vehicles must adhere to regulations and rules, and a failure to do so may be strong evidence of negligence. For example, an interstate truck driver is likely to be found negligent if his violation of the Federal Motor Carrier Safety Administration (FMCSA) regulations causes a crash.
In New York, you can bring a medical malpractice lawsuit against any licensed health care provider whose professional negligence injured you. For example, if your doctor failed to diagnose breast cancer, and as a result, it progressed to a stage that necessitates more aggressive and expensive treatments, you may have a claim. Not all mistakes made by a health care provider count as medical malpractice. You will need to show that there was a doctor-patient relationship, the health care provider breached the professional duty of care triggered by the relationship, and you were injured as a result. Your attorney probably will need to retain an expert to provide testimony on what the professional standard of care was, how it was breached, and causation.
We handle government liability lawsuits, such as those for false arrest and excessive force. Under 42 U.S.C. § 1983, you have a right to sue in federal court for a civil rights violation. If the police had no probable cause for an arrest, for example, you may have a false arrest claim. For another example, you may have a claim for excessive force if a police officer uses unnecessary force to arrest you, such that you suffer serious bodily or psychological harm. The government has substantial resources to defend itself against civil rights claims, and it is important to work with an experienced New York City accident lawyer.
Nursing Home Negligence
Both New York law and federal law regulate nursing homes. Generally, New York law goes further. There are several different ways of reporting complaints of nursing home abuse and neglect. If you are neglected in a nursing home, or if your loved one suffers from neglect, you may be able to recover damages. These may cover pain and suffering, as well as the costs of any medical treatment required to address the consequences of the negligence or abuse.
Wrongful Death and Catastrophic Injuries
Often, the losses are significant in cases involving wrongful death or catastrophic injuries, making it especially important to choose a knowledgeable personal injury attorney. If a loved one is killed as a result of someone else’s wrongful act, neglect, or default, you may be able to sue for wrongful death damages under the New York Estates, Powers and Trust Laws (EPTL), Section 5-4.1. In New York, a legal representative of a decedent must prove pecuniary losses, such as loss of support for the decedent’s next of kin, in order to recover damages. Pecuniary losses are not limited to earnings losses. It may be possible for an accident lawyer in New York City to help you recover damages for loss of services, depending on your relationship to the victim.
In New York, manufacturers and sellers of products are supposed to make sure that their products are not defective or dangerous to users. Companies are supposed to give appropriate warnings if any aspect of their product is dangerous or if using the product in a particular way could be dangerous. If you were injured or a loved one was killed as a result of a defective product, you may be able to file a products liability claim. You will need to establish that the product at issue was dangerous when it left the manufacturer’s control and show that there was one of three types of actionable defects. Actionable defects are manufacturing defects, design defects, and marketing defects.
Consult an Experienced Personal Injury Attorney
Leav & Steinberg is selective in the cases that it handles because it prepares every case as if it will be tried before a jury. We often obtain full value on a case before a trial, due to our preparation and stellar reputation. We were one of the first law firms to incorporate innovative trial techniques using computer graphics, technology, and advanced case management programs. Although we are a cutting-edge firm, we keep our focus on working closely with clients to achieve the greatest possible damages for them. We have staff members who speak languages such as Portuguese, Polish, Albanian, and Spanish. Call us at 212-766-5222 or complete our online form to set up a free consultation with an accident attorney in New York City.