Bronx Personal Injury Attorneys
Accidents can result in devastating and sometimes life-changing injuries. An accident victim may require lifelong medical care, face huge bills for surgery and imaging, need to take time off from work, and pay for someone to come do housework that they cannot do. If you are harmed as a result of somebody else's negligence, you should try to recover your damages through a personal injury lawsuit. At Newman, Anzalone & Newman, our Bronx personal injury lawyers take pride in having successfully recovered damages for victims of car accidents and other devastating events since 1978.Bringing a Personal Injury Claim for Damages
Negligence is a straightforward concept. A plaintiff trying to show somebody else's negligence must prove that more likely than not the other person owed a duty of care, the other person deviated from that duty of care, the deviation caused the plaintiff’s injuries both actually and proximately, and the plaintiff suffered actual damages. Causation can be shown in different ways, depending on the context. For example, after a truck accident caused by a driver falling asleep late at night on the Cross Bronx Expressway, the plaintiff needs to show that the trucker falling asleep contributed to the resulting collision.
The relationship between what the defendant did that breached the duty of care and the accident must be a close one. In some cases, multiple breaches of duty by more than one person combine to create an accident. For example, in a chain reaction accident during rush hour on I-87 or I-278, there may be multiple people injured. However, each driver may point at another driver as being at fault. As a personal injury attorney in the Bronx can explain, your own damages can be reduced by your percentage of fault under the doctrine of comparative negligence. The jury will evaluate the events of the accident and determine the extent to which each party was at fault. For example, if the damages are $200,000, but you were 25% responsible, you can recover $150,000 from the other party or parties responsible for the accident.
Comparative negligence may also have a role in premises liability lawsuits. For example, if you were not watching where you were going when you tripped and fell at the Bronx Botanical Gardens, the jury may assign you a percentage of fault, even if the property owner breached its duty to keep the property reasonably safe for visitors.
Comparative negligence may not be applicable to certain construction accidents involving falls or other gravity-related accidents. Under New York Labor Law 240, a construction worker who does work that is necessary or incidental to erecting or repairing most buildings and does the work at high elevations is entitled to receive safety devices and provisions for safety. In addition to recovering workers' compensation benefits, a construction worker who is hurt because he was not provided those devices or provisions can enlist a Bronx personal injury attorney to pursue damages from a third party responsible for safety onsite, such as the general contractor or owner.
To recover damages, you need to be able to prove that the responsible third party knew or should have known that there were violations of the safety law. A defendant can avoid paying damages by showing that you were fully to blame for the accident. For example, if a loved one was a construction worker on the fourth floor of a high rise, and the scaffolding was poorly constructed, such that he fell and died, you might be able to recover damages from the owner or general contractor that was responsible for making sure that the scaffolding was safe.
Under Labor Law 241, you may also be able to hold a contractor or another responsible party strictly liable for safety code violations that caused your injuries or a loved one's death. The violation of the safety law establishes fault. If you recover damages under this law, you will still need to reimburse a part of the workers' compensation benefits that you received.Retain a Dedicated Personal Injury Lawyer in the Bronx
If you are injured in the Bronx, you may be able to recover damages by filing a personal injury lawsuit against a responsible party. Newman, Anzalone & Newman provides superior legal representation for accident victims. Call us at 718-896-2700 or complete our online form to get started on your case.