NYC Personal Injury News

NYC Personal Injury News

Until you’re injured in an accident, many of us remain in the dark regarding a wide variety of rules, regulations, and legal terminology involved in litigation processes. It’s important to keep up with the latest news with regards to personal injury in New York City. Whether you’ve been in a car accident, a slip-and-fall, or you have been deemed a financially irresponsible motorist and live or work near Staten Island, it’s best to consult with a car accident lawyer, Staten Island.

Know Your Rights

Attorneys at KLaw want you to know how to protect yourself in the event you’re a victim or a plaintiff in a personal injury lawsuit. News related to personal injury in NYC, like car accidents, or even dog bite incidents, help keep consumers updated and familiar with recent cases and their outcomes.

Understanding just a few basic terms in regard to legal terminology is also important for anyone seeking the services of a lawyer. For example, do you know what an adjuster does, or are you familiar with Regulation 68, which defines New York State rules and regulations governing no-fault coverage? Did you know that you may be eligible to claim up to $2,000 a month for three years following the date of an accident for work loss? Such issues are just a few of the things that car accident attorneys on Staten Island want you and your loved ones to know.

Types of Personal Injury Claims

Personal injury claims run the gamut from dog bites to car accidents to slip-and-fall cases, and from medical malpractice claims to defamation (libel and slander), assault and battery and more.  Attorneys with experience in personal injury laws will know statutory rules, regulations and laws not only in New York City but the whole state.  They’ll know which forms you need to fill out depending on the type of injury – from complaints to liability waivers to wrongful death.

Compensation for injuries caused by another person’s negligence in New York entitles victims to recover certain damages including property damage, loss of earnings capacity, reasonable medical expenses, pain and suffering, and even damage to marital relationships. Visit KLaw Attorneys at Law for more information and please share this news with friends, family, and acquaintances.

When Medication Harms Instead of Helping

When Medication Harms Instead of Helping

Medications, like most medical treatments, have risks as well as benefits. Prescription drugs save lives and help people manage pain every day, as well as helping to control various conditions. While the vast majority of drugs are safe when used under a doctor’s supervision, some medications may have risks that outweigh their advertised benefits.

Occasionally, a drug will hit that market which, despite rigorous trials and FDA scrutiny, turns out to have side effects that are more harmful or more common than initial studies indicated. Since there’s no way to predict how a given individual will react to a new medicine, this can mean grievous harm for some patients.

Harmful Drug Side Effects

Most medication side effects are merely bothersome. Others might be dangerous without adequate warning, such as a drug known to make users sleepy or dizzy. For this reason, it’s important to carefully read all label warnings when taking a medication.

In some cases, drug side effects may be more serious. Your doctor may prescribe medicines that carry certain risks if the likely benefit to your health outweighs the risk. Your doctor, as well as the drug’s label, should warn you of possible unpleasant or harmful side effects, as well as the possibility of harm from dangerous drug interactions.

Failure to Warn

Pharmaceutical companies have a legal duty to warn prescribing physicians, pharmacists and patients of any harmful side effects that may arise from taking their products. In the absence of warning, patients would have no way to know they were taking a risk when using a particular medicine.

If, for example, you have a family history of heart disease and you’re prescribed a medication that can cause high blood pressure, you could suffer great harm if you aren’t aware that you should monitor your blood pressure closely while taking the medication. If you weren’t warned of this side effect and you suffered a heart attack, you might have a strong claim for damages.

Serious Side Effects of Medications

Over four million Americans visit a doctor or emergency room each year because of adverse side effects of prescription or over-the-counter drugs. Unwanted drug side effects include:

  • Increased risk of cancer
  • Increased risk of heart attack
  • Shortness of breath
  • Liver or other organ damage
  • Seizures
  • Blood clots
  • Uncontrolled bleeding
  • Birth defects

Less serious side effects, such as dizziness, may cause serious harm if the patient doesn’t receive sufficient warning of the possibility of such an effect.

Legal Help for Victims of Harmful Drugs

If you’ve been injured, sickened or otherwise harmed by medication side effects or interactions, you could be facing an uncertain future. You may be too sick to work, while you watch medical expenses and household bills pile up. In certain circumstances, you may be able to collect financial compensation for your losses, as well as pain and suffering.

Who Could Be to Blame?

In most cases, a drug manufacturer may only be liable for harm if they failed to warn of the possibility of harm. Drug companies rely on FDA approval as outside assurance that their product is safe. There may be exceptions to this rule, such as if a lot, or batch, of product was contaminated during manufacture or packaging.

Doctors have a legal duty to inform their patients about the risks and benefits to the treatments they administer, including prescribed medicines. Some patients injured or sickened by a side effect may have a valid medical malpractice claim, particularly if the patient was already at high risk for a condition known to be a possible side effect of a medication the physician prescribes.

Pharmacists also have a legal duty to their customers. Pharmacists must be familiar with all the medications they dispense, and particularly knowledgeable about dangerous drug interactions.

When any of these professionals fails to protect you from harm, you have the right to seek compensation.

Burned in an Accident—What Now?

Burned in an Accident What Now

A major burn is one of the most painful injuries you can sustain. Burns over large areas can cause excruciating agony, permanent disfigurement and intense emotional distress. Some burn victims suffer long-term psychological damage from the pain and disfigurement.

While burns are most often caused by exposure to heat, flame or scalding liquids, caustic chemicals can also burn any flesh that is exposed to them. Mild burns generally won’t need treatment beyond first aid, but major burns can land you in the hospital and may need extensive treatment.

Three Levels of Burns

Depending on the accident, you may get more than one degree of burn at a time, in different places. First-degree burns are a relatively minor injury, as are most small second-degree burns, less than two inches wide.

  1. First-degree burns affect just the outer layer of the skin. They cause pain, swelling and redness.
  2. Second-degree burns affect both the outer and underlying layer of skin. They cause pain, swelling, redness and blistering.
  3. Third-degree burns affect the deep layers of skin. They cause white or blackened, charred skin. The skin may be numb, with pain only around the edges of the burned area.

Serious burn injuries include all third-degree as well as large second-degree burns. Smaller second-degree burns on the face, hands, feet or genitals are also serious. Additionally, these burns are particularly serious in small children and in elderly adults.

Legal Help for Burn Victims

After a serious burn injury, you may be facing an uncertain future. Aside from your mounting medical bills, you may also be missing work while you recover. The most serious burn injuries may require extensive treatment and can still leave you permanently disfigured.

If you’ve suffered major burns because of someone’s careless or reckless behavior, you may be able to collect compensation not only for your expenses, but also for your emotional anguish, pain and suffering, and future medical expenses.

You don’t have to face an uncertain future alone. Working with a caring, experienced personal injury attorney can be instrumental in helping you secure your future after a serious burn injury.

Struck by a Fallen Object?

Struck by a Fallen Object

Fallen objects are a leading cause of injury on or near construction sites. While debris can fall from any high area, such as a shelf or a rooftop, the construction industry sees the greatest share of this type of accident.

Construction Site Safety

The law requires construction workers and companies to take precautions to prevent foreseeable harm—to workers and visitors as well as to people simply passing nearby. The key concept here is foreseeability. If a condition exists that a reasonable person could see is likely to cause someone to be hurt, the person or company responsible for that condition could be liable for damages if someone is injured.

For example, if heavy tools are left unsecured on a high ledge, it’s easy to see that they might fall and cause an injury. However, no one would be able to predict an earthquake that sends debris raining down upon workers and bystanders. Unsecured tools are an example of negligent behavior, while the earthquake is unforeseeable—and unpreventable.

Mistakes That Can Cause a Fallen Object Injury

When construction companies or workers don’t take reasonable steps to prevent injury, the law holds them accountable for injuries that result from their lack of care. Such mistakes may include:

  • Failure to secure equipment when not in use
  • Insufficient warning signage
  • Barricades that are too close to hazardous areas
  • Failure to enforce the use of safety gear

Have You Been Injured by a Falling Object?

If you are injured by something falling from above, the law may be able to help. If someone’s careless or reckless behavior led to your injury, you could be eligible to collect compensation for your expenses, lost wages, pain and suffering. Working with an experienced construction accident lawyer can help you determine if you should file a claim for damages.

Not sure? We’d love to help. Give us a call at (212)2281331 or contact us by email to speak to an experienced lawyer about your case, free of charge.

Simple Personal Injury Claim and Compensation Guide

If you have been injured as a result of someone else’s negligence or carelessness, then you may be entitled to compensation through a personal injury lawsuit.

Most people find that it’s best to consult with an experienced personal injury attorney for a case evaluation, because every case is different.

Personal Injury Claim Elements

You may have a personal injury claim if:

  • You have been injured
  • Someone else caused the injury (or significantly contributed to it)
  • The act was intentional or accidental

Detailed elements will depend on the type of claim that you want to file. For example, in a car accident, you will need to show that the other driver was not driving in a safe manner, violating his or her duty to drive safely on the roads. If you choose to work with a personal injury attorney, he or she will delve into the details of your case to create a strategy that gets you the best possible outcome.

Personal Injury Claims versus Personal Injury Lawsuits

A personal injury claim is not the same thing as a personal injury lawsuit. In a claim, you might be able to negotiate a settlement with the at-fault party’s insurance company. If you bring a lawsuit, you are actually going to court because you could not reach a settlement at the claim stage. Although these concepts are very similar, they are technically distinct parts of the legal process in personal injury cases.

The Personal Injury Process

The claim process starts by reporting the damage or injury to the insurance company. Because New York is a no-fault state, you will likely report a car accident to your own car insurance company first. However, in most cases, your attorney will also contact the at-fault driver’s insurance company to make a claim.

Other types of cases, such as slips and falls or dog bites, work in the same way.

Don’t attempt to speak to an insurance company’s representatives without consulting an attorney first. Insurance adjusters are trained to save their company money, not to help you.

The insurance company will initiate an investigation into the accident and the injuries that you have sustained. An experienced attorney can help you gather and present the evidence required to show your damages and injuries.

The claims adjuster for the insurance company will then offer you a settlement or decline to offer you a settlement based on the information that he or she gathered during the investigation. You’ll have the choice to accept the offer, but it’s important that you rely on your attorney’s advice at this point. In many cases, the first settlement offer is lower than what you may be entitled to receive.

If you, your attorney and the insurance adjuster cannot agree, you have the option of bringing the insurance company to court. However, most personal injury cases can be settled without ever setting foot in a courtroom.

Settling out of court is usually beneficial to all of the parties.

Types of Personal Injury Cases

Personal injury cases revolving around car accidents are some of the most common, but other types of include:

  • Work injuries
  • Slip and fall accidents
  • Medical malpractice
  • Bicycle accidents
  • Pedestrian accidents
  • Dog bite cases
  • Accidents involving childcare
  • Motorcycle accidents

Compensation in Personal Injury Claims and Lawsuits

One of the main reasons that our clients file personal injury claims is because their medical bills following the accident have gotten out of control. Even one emergency room visit can be very expensive. Personal injury claims and lawsuits can both cover medical expenses, but they can also cover a variety of other expenses, including:

  • Damages related to time away from work
  • Lost wages if the injury prevents the victim from going back to work temporarily or permanently
  • Pain and suffering (current and future)
  • Death benefits (lost wages, loss of a loved one)
  • Loss of enjoyment of life
  • Mental pain and anguish
  • Future medical expenses

You must provide specific reasons and rationale about why you are entitled any type of compensation after an accident. Collecting evidence is very important to show damages at both the claims level and the lawsuit stage. An experienced NY lawyer can help you collect the evidence that you need to make a compelling case.