Personal injury cases revolve around the concept of liability. The liable party (the one at fault) is responsible for the damages and injuries caused to the plaintiff (the injured party). To win a personal injury case, the plaintiff must successfully prove that the defendant was liable for their injuries. Here’s a short overview from a personal injury attorney in Queens, NY about how that determination is made.
Duty of Care
The first key element in establishing liability is the “duty of care.” This is the legal obligation a person has to act reasonably to avoid causing harm to others. A driver has a duty of care to other drivers, pedestrians, and cyclists. A doctor has a duty of care towards their patients. A property owner has a duty of care to visitors on their property.
If you’ve suffered an injury due to someone else’s negligence, whether it’s from a car accident, slip and fall, or medical malpractice, you may be entitled to compensation. This compensation can help cover medical expenses, lost wages, pain and suffering, and more. Here are some key legal strategies that your personal injury lawyer in Queens, NY may use to help you build a strong case and fight for what you deserve.
Using the “Discovery” Process to Your Advantage
Discovery is a legal phase where your attorney can gather information from the other side. This can include requesting documents (like police reports, medical records, or insurance policies), obtaining witness statements under oath in depositions, and sending written questions.
When an accident causes an injury, you may have a personal injury claim: but understanding whether you do and how to successfully bring it requires special knowledge. Your Queens, NY personal injury lawyer understands the complexities of these claims here in New York and wants to empower you with knowledge so you know what to expect and can make informed decisions.
From Your Queens, NY Personal Injury Lawyer: 6 Things You Should Know
1. Whether You Have a Claim
To tell if you have a case, consider a few questions:
- Did you suffer harm of some kind, including the loss of money or property?
- Did someone else violate the law or act negligently?
- Was a contract broken?
- Were you assaulted by a person or attacked by an animal belonging to another?
- Did a defective product injure you?
- Were you injured in a car accident or at work?
If any of these are true of you, then the two big questions to ask next are whether someone else was responsible for the harm you suffered, and if there are damages involved. In other words, can you show losses that resulted from the incident, such as medical bills, damage to your car, etc?
There are some complications here, so you’ll need the help of an experienced New York lawyer. For example, in car accidents, typically New York’s “no-fault” insurance comes into play, meaning that your own insurance covers you, no matter who was at fault. However, New York also has a “serious injury” threshold, allowing you to bring a personal injury claim if your injury reached specific levels of physical, psychological, or economic harm.
On Behalf of Mallilo & Grossman Attorneys at Law | Aug 27, 2023 |
Navigating the bustling streets of New York City on a bicycle can be both exhilarating and challenging. Whether you’re commuting to work, exploring the city or just out for a leisurely ride, cycling in such a busy urban environment requires awareness, skill and proper preparation.
By considering some essential tips and best practices, you can better ensure that you are able to enjoy a safe and fulfilling experience on New York’s crowded streets.
Wear appropriate safety gear
Always wear a helmet, reflective clothing and use lights if you ride at night. This essential safety gear can significantly reduce the risk of injury. Be sure you’re dressing for the season, which means layering during winter and lighter clothing for summer. You should also have sun protection all year long.
Utilize bike lanes when available
New York City has an extensive network of bike lanes. Using them makes your ride safer and more efficient, as they are designed specifically for cyclists. Be watchful because pedestrians and motorists sometimes encroach on these lanes, which can be hazardous for bicyclists.
Use hand signals
Communicate your intentions to other road users using hand signals when turning or stopping. This simple gesture can prevent misunderstandings and crashes with other bicyclists and motorists.
Ride with traffic
Always ride with the flow of traffic to minimize the risk of collisions. Riding with the flow of traffic enables others to see you and react to your movements. Riding against the flow of traffic reduces the available reaction time for you and others.
Be cautious of parked cars
Watch out for car doors opening from parked vehicles. A sudden door opening can cause a severe accident. Vehicle occupants can do the Dutch reach, which involves using their opposite hand to open the door so they automatically look back to see if a cyclist is coming up on the vehicle.
Even if you’re a safety-conscious cyclist, you can still suffer harm at the hands of someone who’s behaving negligently. Crashes can result in considerable medical bills and lost wages. You can choose to choose to seek compensation for the damages you’re dealing with, but New York law limits the time you have to take action, so seeking legal guidance promptly is advisable.
On Behalf of Mallilo & Grossman Attorneys at Law | Jul 28, 2023 |
Slip-and-fall situations, or same-level falls, generally do not receive the respect that they deserve from members of the public. People often act as though a same-level fall is not a serious safety concern. However, same-level falls are a common cause of numerous serious injuries, especially among older adults. They send roughly a million people each year to the hospital.
Individuals at an apartment building or a store shouldn’t have to worry about suddenly falling because of unsafe, unclean or poorly maintained facilities. However, that is exactly what happens to thousands of shoppers and visitors each year.
How does a same-level fall potentially result in someone suffering a serious injury?
They hit their heads
The worst possible injury in the average slip-and-fall scenario is when someone strikes their head. The force of the fall can be enough to cause significant damage, particularly if someone falls directly forward or backward without slowing themselves at all. Even a fall to the side could result in a head injury of someone hits themselves on a shopping cart, a piece of furniture, a wall or a fixture nearby. Head injuries can lead to hospitalization and lost earning potential, as well as massive adjustments for the person who gets hurt.
They try to stop the fall
Losing balance effectively puts a person in an untenable situation. They either fall and get hurt or try to stop themselves and potentially get hurt. Attempts to catch or brace oneself while falling can very easily lead to broken bones in the arms and shoulders. The jerky physical reaction that people may have to losing their balance might lead to them kicking their legs out, which could lead to injuries to the lower extremities as well. Broken bones and soft tissue injuries can easily result from an individual’s attempt to slow their descent or prevent hitting the floor.
Those who slip and fall in a public space will have the best chance of protecting their interests if they report the incident and then seek medical evaluation for their broken bones or possible head injury. Recognizing why a same-level fall is a safety concern may help people handle one appropriately if they lose their balance in a public place.
On Behalf of Mallilo & Grossman Attorneys at Law | Jun 21, 2023 | construction accidents |
Construction is a vital industry that contributes to the development of infrastructure and the growth of economies. However, it is also known for the inherent risks and hazards it presents to workers.
Severe injuries can occur on construction sites, and it is crucial to understand and address these risks to help ensure the safety and well-being of workers. Stay tuned to explore some of the most common severe injuries associated with construction work and the importance of proper safety measures.
Falls from heights
Falls from heights are among the most significant causes of severe injuries in the construction industry. Construction workers often perform tasks at elevated locations, such as roofs, scaffolding or ladders. Without proper safety precautions, these heights can pose a serious risk. Fall accidents can lead to fractures, spinal injuries, traumatic brain injuries or even fatalities.
Employers should provide workers with comprehensive fall protection systems to help mitigate the risk of falls. This includes safety harnesses, guardrails and secure scaffolding. Regular inspection and equipment maintenance are also essential to help ensure their effectiveness in preventing accidents.
Caught-in/between accidents
Caught-in/between accidents occur when a worker is caught, squeezed or crushed between objects or machinery. Construction sites often involve heavy machinery, excavations and moving parts, increasing the risk of these accidents. This can result in severe injuries, including fractures, amputations and crush injuries.
Proper training and awareness are crucial to help prevent caught-in/between accidents. Workers should be educated about the potential hazards associated with machinery and the importance of maintaining safe distances. Implementing safety protocols, such as lockout/tagout procedures and installing protective barriers, can also significantly reduce the risk of these accidents.
Respiratory hazards
Construction work can expose workers to various respiratory hazards, such as dust, fumes and toxic substances. Prolonged exposure to these hazards can lead to respiratory illnesses, including lung damage, occupational asthma and other chronic diseases.
Employers should provide appropriate respiratory protection equipment, such as respirators, masks or ventilation systems, to help protect workers from respiratory hazards. Regular air quality monitoring on construction sites is also essential to identify potential hazards and take necessary measures to control or eliminate them.
Construction work plays a crucial role in society. Thus, it is essential to prioritize the safety and well-being of workers to help prevent severe injuries commonly associated with construction that can have devastating consequences.
On Behalf of Mallilo & Grossman Attorneys at Law | Jun 17, 2023 | car accidents |
Some people in New York ride bikes for fun or as a convenient and cost-effective form of on-demand transportation. There are others who ride professionally because they deliver packages. Regardless of why someone is on the road and how often they bike, they very likely want to make their ongoing safety a top priority.
Collisions between cyclists and motor vehicles often have life-altering or tragic consequences for the person on the bicycle. These are the easiest ways for cyclists to reduce their risk of a crash with a larger vehicle.
Careful adherence to traffic laws
There are multiple ways that cyclists may unintentionally violate traffic laws. They may forget to perform hand signals to indicate that they will slow down, stop or turn. They might zip down a one-way street going the wrong way because they don’t think it’s as dangerous as it would be to do the same thing in a car. Cyclists that don’t follow traffic laws increase their risk of a crash and may also complicate their right to compensation after a collision.
Choosing the right path
Technically, cyclists can share any road other than freeways or interstates with other vehicles. Any place there isn’t a posted minimum speed, cyclists have a right to share the road. However, the potential for a collision and also the severity of the collision may be much higher in some areas as opposed to others. Choosing routes with more moderate speed limits, fewer steep inclines and less traffic density may decrease someone’s chance of a wreck.
Addressing the dangers of nighttime and transitional times
When it is dark outside, motorists are far less likely to watch for people on bicycles. The overnight hours also tend to see more drunk drivers, which are a known safety concern for cyclists in New York. The dawn and dusk hours are also times when visibility may be poor and motorists are less likely to watch for cyclists. Being especially proactive about monitoring others in traffic during these times and possibly also investing in reflective or illuminated safety gear can help cyclists stay safe even when their statistical risk may be higher than average. When collisions do occur, cyclists need to know their rights ahead of time so that they can assert themselves when dealing with the driver at fault for the crash or their insurance company.
Being proactive about personal safety can make a big difference for those who regularly ride bicycles in New York. In the event of a collision, being proactive about seeking legal guidance can make a big difference to an accident victim’s future too.
Don’t try to ‘tough out’ a head injury
On Behalf of Mallilo & Grossman Attorneys at Law | May 25, 2023 | Uncategorized |
When people get injured, their first instinct may be to tough it out. They think that the injury will heal on its own after a short time. Some of the reason for this may also be financial. Medical attention can be very expensive in the United States, so someone may be tempted to skip that step.
If you have a head injury, though, you will never want to give in to the temptation to tough it out. Doing so could be very dangerous. Even if it’s true that the injury will simply need time to heal – such as with a concussion – you still want to talk to medical professionals rather than risking complications from a self-diagnosis.
Injuries can get worse
The thing to keep in mind is that some head and brain injuries can get worse with time. If you don’t get medical care and you don’t have a diagnosis, your condition could become more complicated by the minute. An example of this is if you have bleeding in the brain or in the surrounding tissues. This could be called a subdural hematoma, or it could be a similar condition. Either way, tissue has been damaged and there’s bleeding inside your skull, leading to increased pressure.
The problem with this increased pressure is that it can lead to the death of neurons, which usually cannot be replicated. At the beginning, you may think that you just have a minor headache or almost no symptoms at all. But your symptoms can start to become even more severe, eventually resulting in things like disorientation or unconsciousness.
There are surgeries that can be done to alleviate this pressure. People do survive subdural hematomas – and similar brain bleeds – every day. But the key is to get that diagnosis as soon as possible so that this treatment option can be used. By putting it off, people are only making their situation worse and increasing the odds that they will have life-changing ramifications or that they could even pass away from their injury.
How will you cover the costs?
As noted above, medical care is not cheap. If you are injured in a car accident and you do go to the hospital, you may benefit from knowing how to seek financial compensation from the driver who was responsible for the crash that led to your injuries. Seeking legal guidance is a good place to start.
On Behalf of Mallilo & Grossman Attorneys at Law | Apr 22, 2023 | Uncategorized |
The personal injury statutes enacted by New York lawmakers protect people from harm caused by others. Wrongful death laws give those who lose a loved one because of the misconduct or failings of a business or individual an opportunity to seek justice.
Provided that plaintiffs can establish fault for someone’s death in the civil courts, they could receive compensation for the financial impacts of losing someone unexpectedly. Those who may benefit from wrongful death lawsuits often don’t understand much about them. The three questions below are among the most common among those who may be wondering if their family may be in a position to file a wrongful death lawsuit.
1. Who can file a wrongful death lawsuit in New York?
Many parties will feel the negative impact of someone’s premature passing. Employers, close friends and extended family members may all experience significant grief and personal challenges when someone dies. However, there is technically just one person capable of filing a wrongful death lawsuit in New York. Only the personal representative of someone’s estate can seek compensation for the impact of their death in the New York civil courts. If the claim is successful, the representative will use the proceeds to fulfill the estate’s responsibilities. Any remainder will then typically benefit surviving family members, including spouses and children.
2. What can people recover in wrongful death lawsuits?
New York allows the representative of someone’s estate to seek the full financial impact of their death. Lost wages, hospital bills and funeral expenses are among the recoverable losses people often include in wrongful death lawsuits. Although lawmakers recently attempted to add provisions for people to seek emotional damages to the law, the Governor vetoed the bill, thus preserving the existing statute for the time being.
3. When can people file wrongful death lawsuits?
There are limited circumstances in which a wrongful death lawsuit is possible. New York requires default, wrongful acts or neglect on the part of the person or business responsible for the best for someone to have a viable wrongful death claim. Filing in a timely manner is also of the utmost importance, as there is a two-year statute of limitations that applies. Those who wait too long to pursue a wrongful death claim may lose the right to demand compensation in civil court.
Reviewing the circumstances surrounding someone’s death can help survivors evaluate the viability of a wrongful death claim with the assistance of an experienced legal professional.
On Behalf of Mallilo & Grossman Attorneys at Law | Mar 20, 2023 | car accidents |
Cyclists have to be aware of their surroundings so that they can react appropriately to vehicles. After all, those in control of motor vehicles don’t always treat the task with the respect it deserves. Cyclists are at significant risk in a crash caused by someone in a motor vehicle.
Collisions that can put a cyclist in the hospital might not even cause any significant property damage to the motor vehicle that caused the crash. A collision between a bicycle and a motor vehicle could leave someone with broken bones, a spinal cord injury or a traumatic brain injury. Those injuries might translate to weeks out of work.
No one should have to worry about being unable to pay their bills because they chose to bike to work or for fun. Cyclists should be able to enjoy the same basic rights on the streets as anyone else, including the right to seek compensation when someone else hurts them. What will cover a cyclist’s expenses after a crash caused by a driver?
The driver’s insurance will help
New York motorists should all have liability coverage that includes most property damage and bodily injury protection. A cyclist struck by a driver could pursue a claim that could pay for their hospital bills and lost wages, as well as a replacement bicycle and new safety gear.
The cyclist’s insurance can help
If the cyclist also owns a vehicle and therefore has a New York insurance policy, they will likely have no-fault coverage that can help pay for some of their medical expenses and lost wages. The combination of both insurance policies may be necessary if a cyclist incurs significant injuries in a crash.
A lawsuit could be possible
If a cyclist cannot recover all of their losses through insurance claims, then they may need to consider taking the driver who caused the collision to civil court. A personal injury lawsuit can help close the gap between what a crash actually costs a cyclist and how much insurance will pay.
Learning more about the available sources of compensation can help someone hurt in a cycling collision cover the costs incurred in the crash.
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