New York City Personal Injury and Accident laws - UNDERSTANDING THE LAW
Understanding General Accident Laws
Every accident has two separate and independent elements: 1) who is responsible for your accident; and 2) the injuries you suffered as a result of your accident. Each element must be proven in order for your case to be successful.
Understanding the Law in Auto Accidents
In order to recover for injuries sustained in a motor vehicle accident, your injuries must be considered “serious” as defined by the New York State Insurance Law. A “serious injury” is defined as a fracture, a permanent disfigurement, a permanent injury or if a doctor determines you unable to work for more than three months immediately following your accident.
Understanding the Law in Falls
To prove someone is responsible for injuries you sustained as a result of a trip/slip and fall, the entity who maintains the premises where you fell must have had notice of the defect that caused you to fall. Notice is established if the entity knew of the defect but failed to fix it in a reasonable amount of time. If the entity did now know about the defect, notice can still be established if the entity should have known about the defect but failed to fix it in a reasonable amount of time.
Understanding the Law in Medical Malpractice
In a medical malpractice action, it must be proven, by the testimony of an independent physician, that the doctor who caused your injuries deviated from the standard of care which should have been used by a reasonable doctor under the same circumstances.
Understanding the Law in Construction Cases
If you are injured while working on a construction site, worker’s compensation may not be your only source of recovery. The general contractor or one of the subcontractors may also be responsible for your injuries. We will do the necessary investigation to find out who the parties are that are responsible for your injuries.
Every accident has two separate and independent elements: 1) who is responsible for your accident; and 2) the injuries you suffered as a result of your accident. Each element must be proven in order for your case to be successful.
Understanding the Law in Auto Accidents
In order to recover for injuries sustained in a motor vehicle accident, your injuries must be considered “serious” as defined by the New York State Insurance Law. A “serious injury” is defined as a fracture, a permanent disfigurement, a permanent injury or if a doctor determines you unable to work for more than three months immediately following your accident.
Understanding the Law in Falls
To prove someone is responsible for injuries you sustained as a result of a trip/slip and fall, the entity who maintains the premises where you fell must have had notice of the defect that caused you to fall. Notice is established if the entity knew of the defect but failed to fix it in a reasonable amount of time. If the entity did now know about the defect, notice can still be established if the entity should have known about the defect but failed to fix it in a reasonable amount of time.
Understanding the Law in Medical Malpractice
In a medical malpractice action, it must be proven, by the testimony of an independent physician, that the doctor who caused your injuries deviated from the standard of care which should have been used by a reasonable doctor under the same circumstances.
Understanding the Law in Construction Cases
If you are injured while working on a construction site, worker’s compensation may not be your only source of recovery. The general contractor or one of the subcontractors may also be responsible for your injuries. We will do the necessary investigation to find out who the parties are that are responsible for your injuries.
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