Personal Injury Litigation

The purpose of personal injury litigation is to compensate a victim of an accident for injuries suffered as a result of another’s negligence. Personal injury cases include a broad spectrum of accidents, physical injuries and property damage. Injury attorneys typically seek compensation for victims in the following types of actions:

Wrongful Death

The personal representative of an estate can sue negligent parties responsible for a family member’s death. Recoverable damages include reasonable expenses for pain and suffering, costs for medical treatment, nursing, funeral expenses, and loss of support. Loss of support is based on projected future income if the deceased individual had survived. In some cases, a judge or jury may award punitive damages for egregious conduct as well.

Motor Vehicle Accidents

When a motor vehicle accident results in physical injury and the injury meets the serious injury threshold defined by state statutes, injured parties can take legal action against the party at fault to recover compensation for damages.

Premises Liability

Property owners who are negligent in maintaining their property can cause serious injury and may be liable for damages. Slip, trip and fall injuries are common examples of premises liability cases. Such cases often involve property hazards that the owner knew or should have known about, or failed to issue warnings for or remedy in a timely manner. Dog bite cases are also a very common premises liability action.

Medical Malpractice

Physicians and other medical professionals, including hospital staff, nurses, dentists and chiropractors owe their patients a duty of care. Medical malpractice occurs when healthcare providers fail to meet accepted medical standards, resulting in patient injury, illness, the worsening of a condition, or death.

Workers’ Compensation

Most employers in New York must insure employees through workers’ compensation coverage. Workers’ compensation benefits include medical expenses, lost wages and pain and suffering for work related injuries. Receiving workers compensation does not involve proving negligence. Workers simply have the right to file a claim and recover compensation when they suffer injury or occupational disease while performing their job duties.

Mesothelioma

Mesothelioma is a terminal cancer that develops in the lining of certain bodily organs, typically in the lungs. The most prevalent cause of mesothelioma is asbestos exposure. When individuals suffer from mesothelioma, manufacturers who exposed people to asbestos through occupations, consumer products or the environment may be subject to liability and lawsuits.

Based on the high costs of medical treatment, a serious personal injury matter inevitably becomes a legal issue, whether the case is settled out of court or proceeds to trial. Most litigation involves insurance companies and their highly skilled legal teams. The expertise of a seasoned trial attorney is necessary and can be invaluable for achieving fair and just compensation to an injured party.