Accident victims often face stressful, difficult choices in addition to experiencing pain and trauma. Some people may not be able to afford the costs of necessary medical care, especially if their need for treatment is ongoing or involves multiple procedures. Other people may be understandably concerned about taking time off from work that was ordered by their doctors. For many victims who have suffered serious injuries, bringing a personal injury lawsuit against the responsible person or entity proves to be critical in moving forward physically and financially from their injuries. At Newman, Anzalone & Newman, we have provided vigorous representation since 1978 to victims of motor vehicle collisions, construction accidents, slip and falls, and other accidents. Our personal injury attorneys also assist New York City families who are suffering from the death of a loved one.Car Accidents
New York requires drivers to purchase no-fault insurance in case of car accidents. Insurers are supposed to pay drivers, pedestrians, passengers, and cyclists up to $50,000 for economic losses such as medical bills, physical therapy, and lost wages.
Moreover, you can also often sue a negligent driver if your medical expenses and other losses are greater than $50,000. You can potentially receive compensation for pain and suffering, as well as other non-economic damages, which are not available through no-fault insurance. There are certain types of serious injuries that must be established to justify going outside the no-fault system. A personal representative of the estate of someone who dies in a fatal car accident caused by someone else can sue a responsible driver for wrongful death. The focus of these cases is establishing that the other driver did something careless or dangerous, which resulted in the accident and caused your injuries. There may be many forms of evidence that help you prove a claim, such as accident reconstruction evidence, testimony from medical experts, and testimony from friends and family who can explain the impact of the accident on your life.Truck Accidents
Commercial trucks are so large and heavy that they often cause devastating injuries to multiple people with whom they share the road when a truck accident happens. There are strict regulations that truck drivers and trucking companies must follow. These include rules about hours of service, keeping accurate log books, and performing regular maintenance checks. You may be able to hold a truck driver responsible for an accident and your injuries by establishing their negligence.
Actions that a jury is likely to consider breaches of the duty to use reasonable care include speeding, driving more hours than permitted, overloading a trailer, failing to take rest breaks or driving while fatigued, or driving a commercial truck even when weather conditions dictate that it is not safe to stay on the road. A New York City personal injury attorney may also be able to hold a trucking company liable for its indirect or direct negligence. For example, a trucking company that fails to make sure that its drivers adhere to hours of service rules may be held liable for negligent supervision. Or a company may be liable for negligent hiring if it hired a driver with red flags like previous traffic violations on their record.Pedestrian Accidents
Often, pedestrian accidents are caused by drivers of larger vehicles. They may be hit by a speeding driver, a distracted driver, a driver running a traffic signal, or a driver who fails to yield the right of way. Sometimes lack of visibility plays a role in the accident. If you are hit by a passenger car, you may be entitled to have medical expenses and lost wages paid by a no-fault insurance policy. However, pedestrian accidents often result in much more serious injuries, such as complex fractures or brain trauma. Often, treating the injuries costs far more than $50,000. In these cases, you may be able to bring a lawsuit alleging negligence against the driver of the car or other motor vehicle. Damages that you can recover include not only your medical costs but also pain and suffering, mental anguish, household services, and loss of consortium.
Construction sites can be very dangerous places. Often, there are multiple people and entities responsible for maintaining safe conditions. While your main remedy against your employer may be workers' compensation benefits, you may be able to recover damages through various other legal actions, depending on the circumstances. For example, under the Scaffold Law in the New York Labor Law, special protection is given to construction site workers who are exposed to the gravity-related risks of working at heights. Strict liability is imposed on owners, contractors, and their agents if a plaintiff can prove that the legal cause of a construction accident was inadequate safety precautions to guard against a fall. If a third party, such as a manufacturer, was responsible for your injuries at a construction site, a New York City personal injury lawyer could help you sue the third party in addition to seeking workers' compensation benefits.Premises Liability
In New York, a property owner or occupier can be held liable if a visitor is injured due to their negligent handling of a dangerous property condition. Dangerous property conditions can include broken rails, rotting balconies, potholes, cracks, slippery substances on the floor, heavy objects that are improperly shelved, and missing steps. To establish a premises liability claim, you will usually need to show that the defendant owns or otherwise controls the property where you were hurt, you were a lawful visitor to the property, you were injured by a dangerous condition on the property, and the defendant knew or should have known about the dangerous condition but did not do anything to repair it or provide warnings to visitors.Wrongful Death
Some of the most devastating accidents can result in an unnecessary loss of life. To recover for wrongful death in New York, the personal representative of the decedent's estate must show that their death was caused by the defendant's wrongful conduct or negligence, it gave rise to a claim that the decedent could have litigated had they not died, someone survived who suffered a loss due to the death, and there were actual damages.Seek Guidance from a Dedicated Personal Injury Lawyer in New York City
Newman, Anzalone & Newman has provided effective personal injury representation to accident victims in New York City for several decades. Whether our client has suffered catastrophic injuries in a truck accident or sustained a fall at a construction site, our firm is committed to providing comprehensive, personal service. We represent victims in Queens, the Bronx, Manhattan, and Brooklyn, as well as on Long Island. Contact us at 718-896-2700 or via our online form.