New York City personal injuries are more than just bodily harm; they are disruptions to your life and the lives of others who are close to you. The effects of a personal injury are widespread and range from temporary inconveniences to permanent, life-altering changes, including:
- Medical bills
- Lost wages
- Reduced quality of life and emotional distress
- Pain and suffering
- Life-long disability or disfigurement
- Wrongful death
If you or a loved one has been injured in New York City and need a top personal injury law firm, contact us for a free case evaluation by a lawyer today. We understand that a traumatic injury is painful enough without worrying about dealing with the insurance company and holding negligent parties responsible.
What Is a Personal Injury Case?
Most personal injuries are a combination of several, sometimes many factors. Those responsible for the causes should provide financial compensation to the victim for the costs related to the injury. There could be a number of New York parties that share fault for the same incident, including large institutions such as hospitals and vehicle manufacturers, plus insurance companies whose goal is to pay out as little as possible. New York City personal injury lawyers have the knowledge, experience and support staff to coordinate with all of these entities and make sure that you are awarded financially to meet your needs.
Unfortunately, the liable parties dispute their responsibility and fight against compensation. Your personal injury attorneys will file a formal lawsuit and seek a fault judgment in a New York, NY civil court proceeding. Your lawyer will need to prove that those parties acted negligently; that is, their irresponsible or careless actions or inactions directly caused your injury. Once a judge finds a party liable for injury, that party is then legally required to compensate you. There are two basic types of financial damages in personal injury cases.
Economic damages are the actual expenses and monetary losses that stem from your New York personal injury. Victims incur some of these costs immediately and some far in the future. The out-of-pocket costs that you are most likely to see might include:
- Ambulances or emergency medical helicopters
- Emergency room procedures
- Diagnostic tests and imaging
- Follow-up physician or specialist consultations
- Rehabilitation, physical and occupational therapy
- Prescriptions and mobility aids
- Transportation to and from medical appointments
- Post-accident mental health treatment
- Accessibility modifications and home services
There are also financial losses that stem from your inability to earn income. You might be out of work for days, weeks and possibly months while you receive treatment and recover from your injury. Some injuries could leave you incapacitated to the point that you can no longer perform the duties in your career at the same level before your accident, if at all. Depending on your work in New York, this can significantly reduce your earning potential for the rest of your life.
Noneconomic damages, sometimes known as “pain and suffering,” are handed down to compensate accident victims for losses other than actual costs, including physical pain, emotional distress, humiliation and loss of enjoyment due to activities in which victims can no longer participate. Since it is impossible to take back the anguish that victims and their families suffer due to an accident caused by the carelessness of someone else, noneconomic damages can be awarded as a substitute. Depending on the severity of the injury and the level of negligence, noneconomic damages can total millions of dollars.
It is crucial to remember that the statute of limitations for negligence-based personal injury claims in the state of New York is three years from the date of your injury to file a lawsuit. It is imperative that you speak with a NY personal injury lawyer as soon after your accident as possible.
Common Personal Injury Causes
There are many different types of incidents that could harm you due to the negligence of others. Here are a few of the most common ones:
Motor Vehicle Accident
An automobile accident could leave you with minor bruises and scrapes, or it could end your life. Many injuries related to a car accident are severe, such as fractures, traumatic brain injuries and paralysis, and the medical expenses can be astronomical. New York drivers have a responsibility to operate their vehicles in a safe manner –this includes driving sober and at a safe speed, being vigilant and aware of the surroundings and making sure that the car is properly maintained. Causing an accident by failing to perform these duties could be considered negligence.
Accidents involving medical malpractice happen when a physician, surgeon, medical professional or health care institution injure a patient through neglect. These injuries can be external or internal and include infections, surgical procedures performed on the wrong body part or patient, severe allergic reactions, medication overdose or death. Medical injuries are often caused by the following:
- Diagnosis Errors: Errors in diagnosis can occur when a doctor fails to diagnose an illness, makes a delayed diagnosis, or fails to adequately treat a correct diagnosis.
- Surgical Errors: Surgical negligence includes administering the incorrect anesthesia, performing the wrong procedure, operating on the incorrect patient and injuring surrounding internal tissues, nerves or organs.
- Medical Product Liability: The manufacturers of medical products can also be held responsible for medical injuries when equipment fails or malfunctions or if the equipment is used improperly due to insufficient training.
Mass Transit Injuries
The New York City Transit Authority, Metro North and Amtrak are charged with carrying citizens safely from one point to another, and in doing so are responsible for keeping their stations and platforms in proper repair, providing safe conditions in train cars, training operators and maintaining tracks. These transit agencies have been charged with negligence which has resulted in harmful accidents on NYC subways and major crashes on railways that caused severe injuries and death. There are specific legal protections in place for New York patrons of public transportation systems that have suffered injuries, and there could be several parties who are liable for an accident.
Personal Injury Attorney in New York
The Ashley Law Firm has 30 years of experience winning verdicts and multi-million dollar settlements in personal injury lawsuits in NYC. We’ll investigate your claim, provide sound legal advice and fight to hold those responsible for your injury accountable. Following an accident, valuable evidence can be lost or compromised over time, so it’s important to act immediately.