Brooklyn Personal Injury Attorneys
If Brooklyn were a separate city, rather than a borough of New York City, it would be the third-most populous city in the U.S. It is considered a hub for art, design, technology, and entrepreneurship. However, its busy highways and large population mean that avoidable accidents happen all too often. A serious accident can result in devastating injuries. In some cases, the victim's life will never be the same again. They may become wheelchair-bound or require regular medical appointments for the rest of their life. In some cases, injuries arising out of accidents prove fatal. If you suffer injuries in a truck crash or another accident, you may be able to recover damages by filing a lawsuit with the assistance of our Brooklyn personal injury lawyers.Understanding and Asserting Your Rights
Personal injury lawsuits arise from many different situations. In most cases, they are filed because another person or entity was negligent, and to recover damages, you will need to prove that party's negligence by a preponderance of the evidence. This means that you will need to show that the other person or entity owed a duty of care, the other person or entity breached that duty, the breach caused injuries, and you incurred actual damages. If, for example, you cannot prove that a driver's reckless swerving contributed to a crash on I-278 in which you suffered spinal cord injuries, you would not be able to recover compensation from that driver.
You will need to establish the liability of each party from whom you try to recover damages. In some cases, it is necessary for a personal injury attorney in Brooklyn to reconstruct the accident or obtain other discovery to determine who was partially or fully to blame for the accident.
Often, personal injury lawsuits are defended by raising comparative negligence. Under this doctrine, a jury will consider whether a personal injury plaintiff was partially or fully to blame for an accident. For example, in a pedestrian accident case near the Brooklyn Bridge, the jury might consider factors such as whether you jumped out in the road unexpectedly, whether you crossed at an improper crossing, whether there were weather conditions that should have made you more cautious about crossing, and other factors. The jury will assign percentages of fault, and your damages will be reduced according to your degree of fault, if any.
Sometimes an accident is a result of several factors, and you can recover damages from multiple parties. For example, if you are visiting a working construction site, and you fall in an area that has not been properly built, multiple people may be held responsible, including a property owner, a contractor, and a supplier. In these cases, your Brooklyn personal injury attorney may be able to recover damages under premises liability law. If you are a worker there, you may be able to bring a lawsuit under the New York Labor Law, although this depends on the situation. In some cases, workers are restricted to recovering benefits under the New York Workers' Compensation Law.
When multiple parties are at fault, you may be able to hold the parties jointly and severally liable. However, if a defendant's equitable share of liability is 50% or less of the total liability for all of the defendants, that particular defendant is liable only for a share equal to their percentage of culpability with regard to noneconomic damages. A defendant can be held jointly and severally liable for economic losses, such as wage loss, medical expenses, and wrongful death damages.
For example, if a property owner is 51% responsible for an accident suffered by a visitor to a construction site, they can be held jointly and severally responsible for all of the economic losses, as well as all of the noneconomic losses. However, if the owner is 30% responsible, a subcontractor is 30% responsible, and the victim is 40% responsible, they can only recover $30,000 from the owner.Seek Guidance from a Personal Injury Lawyer in Brooklyn
If you are injured in Brooklyn, you may be able to recover damages by filing a personal injury lawsuit against whoever was responsible. Newman, Anzalone & Newman provides superior legal representation for accident victims. Call us at 718-896-2700 or contact us through our online form.