Bicycle, car, motorcycle and pedestrian accidents can leave a victim with severe injuries that require extensive medical treatment, rehabilitation and can cost a victim week or months of work. A traffic accident can result in months of recovery and chronic pain.
Property Accidents
Accidents also happen off the road in apartment buildings, businesses, shops and on sidewalks. Property accidents often entail falls which remain a leading cause of unintentional deaths in the U.S. Head trauma and broken bones typical injuries
The following are common property accidents in New York:
Elevator accident
Slippery Stairs
Uneven floors
Ice or snow-covered sidewalks
Dog bites or attacks
Accidental drowning
You can also file an accident claim for the following:
Nursing home abuse
Defective product
Accidental shooting
The injuries sustained in an accident of any type can cause the victim to suffer chronic pain. In some cases, pain management may be a victim’s best option for dealing with their chronic pain. Below is a short list of pain management clinics in New York:
Pain Management Clinic
825 7th Ave, New York, NY 10019
Mount Sinai – Pain Management Services
Mount Sinai, 5 E 98th St # 6, New York, NY 10029
Albany Center for Pain Management
116 Everett Rd, Albany, NY 12205
Why Does Having an Accident Attorney in New York Matter?
Some accidents are minor, and the victims are lucky enough to walk away with cuts and bruises. If your accident was minor, you can accept a settlement and move on, but if you suffered severe injuries, you might have to fight for an amount that completely covers all your accident-related expenses. An accident attorney in New York knows the laws that apply to your case.
New York Accident Laws
All states have different rules about how accident claims are handled. For instance, New York has no-fault insurance rules for auto accidents, which require an accident victim to file a claim with their insurance company.
The above rule and other personal injury rules will affect how your accident claim is resolved. When you retain a personal injury attorney, they will look at the facts of your case and outline your options for recovering compensation. The main goal of an injury attorney is to get you the settlement you need to undo the damage caused by your accident.
Loss compensation for accident victims may be recovered with help from a New York lawyer.
When individuals are injured, or suffer property damage or loss of life in New York, they or their representatives are entitled to seek compensation from the person, or entity who caused the harm. Depending on the duty of care owed by the negligent party to the accident victim, regardless of where the accident occurred, a qualified accident attorney will do their best to build a strong claim, introducing evidence to prove fault in support of the financial recovery of damage.
When an accident results in death, legal cases are often the focus of large financial awards in court, but surviving an accident with catastrophic physical, mental, and emotional injury, and subsequent property damage can cause prolonged suffering and financial devastation to a family. A knowledgeable lawyer can initiate actions to reduce financial devastation through comprehensive insurance settlements, or court awards as the end-goal.
What types of accidents result in legal action toward fiscal recovery?
Medical malpractice, motor vehicle injury, personal injury, premises liability injury and worker’s on-the-job injuries might result in legal action in pursuit of economic, and non-economic damages in New York. Punitive damages may also be awarded in specific cases.
Loss recovery.
Compensatory damages include economic losses for present and future lost wages, medical bills, future medical care, household expenses and non-economic loss for pain and suffering, mental anguish and loss of consortium, or companionship. Punitive damages are awarded to punish negligent individuals in order to deter future similar acts and are only awarded in extreme cases.
Motor vehicle.
Under New York law, accident victims have the right to pursue compensation from negligent drivers within the three-year statute of limitations. A driver involved in an accident resulting in property damage, injury or death of any person must stop and render aid when possible. A skilled accident attorney can offer special guidance if the accident involves a government agency, because tort action toward compensation may follow different timelines with specific instructions in these cases.
Insurance.
New York is a no-fault insurance state and accident victims can file insurance claims with their own insurance company to cover certain injuries and property damages. A victim’s liability in causing an accident still affects the amount of compensation they might receive under New York’s pure comparative negligence rules. The comparative fault rule in New York applies when one accident party is found to be more responsible for the accident than the other and the amount of damages recoverable shall be diminished in proportion to the assigned fault of each party that caused the damages.
In catastrophic loss accidents, it may be wise to speak with an experienced accident attorney to seek alternate avenues for monetary recovery. A legal claim must be filed within three years from the date of an accident with injuries, but guidance from a New York lawyer is recommended when timeline deviations are supported by case facts.
Personal injury.
A New York accident victim has three years to file a legal claim for property damage, or loss, and personal injury caused by negligence through the action, or inaction of another, in order to recover losses. When fault and/or liability can be proven, and the victim was owed a duty of care under the components of negligence, they can recover damages.
Premises liability.
Individuals who have been hurt, or suffered loss on another person’s property may have a premises liability claim, if the loss was related to poor conditions on the property, including negative interactions with occupants on the premises. A property owner’s responsibility depends on a duty of care owed to the injured person, based on the reason for their visit to the property. An invitee is owed a duty of care, but a trespasser may not be owed that same duty. Homeowners’ insurance may cover these types of claims.
Medical malpractice.
The state of New York considers medical malpractice actions when an individual is injured while under the care of a medical professional. The statute of limitations is commonly within two years and six months of the injury, or knowledge of the injury, when there was continuous treatment for the illness, injury or condition. There are exceptions including foreign bodies left in patients and cancer-related malpractice claims. An experienced medical malpractice attorney can offer professional guidance for all timelines and requirements necessary to recover associated damages. New York does not impose caps for economic, non-economic, and punitive damages, but punitive damages are usually only awarded in extreme circumstances.
Workers’ compensation.
The New York Workers’ Compensation Administration can offer valuable information for cases when a person becomes injured on the job or contracts an illness that is job-related, they can make a worker’s compensation claim for monetary damages. Injuries may be caused by an accident, or event that results in physical injury, a medical condition that develops over time caused by repetitive use of a body part, or a condition associated with the workplace environment.
Wrongful death.
A wrongful death legal action is a type of lawsuit that is brought by loved ones, or a personal representative of someone’s estate when the death was caused by the negligent, reckless, or deliberate act of another. This type of action must be commenced within two years of the death of a person, but if the death was a result of criminal action, the action would have one year from the termination of the criminal case. A wrongful death attorney can file a claim for damages including:
- Medical bills and burial expenses,
- Lost wage and revenue,
- Compensation for pain and suffering,
- Punitive damages are intended to punish the person who caused the death, after a case analysis.
Seek legal counsel after an accident.
New York accident victims should consult with an attorney who can provide options to loss recovery. Counsel will be able to represent victims in court, objectively speak for them against an insurance company’s legal team and act toward a fair monetary award.
