Forest Hills Personal Injury
Forest Hills is a diverse neighborhood in Queens with a population of close to 90,000 people. The number of pedestrians hit by cars and other vehicles leaped by 64% in 2017. After a serious accident, you may be concerned about how you will pay for your hospital stay, your doctor's bills, property damage, and household services. You may be in significant pain and concerned about the real possibility of long-term harm. If you are hurt in an accident arising out of somebody else's fault, you may have a basis to recover damages. At Newman, Anzalone & Newman, LLP, our Forest Hills personal injury lawyers provide tough, experienced legal representation to accident victims in claims and lawsuits.Pursuing a Personal Injury Claim
Many personal injury lawsuits are brought on the basis of negligence, but this plays out in different ways, depending on the context. For example, many truck accidents are the fault not only of a truck driver but also of the driver’s employer and perhaps a third party responsible for loading the truck. To establish the truck driver's negligence, you will need to show that the driver owed you a duty of care, failed to live up to the duty of care, and caused your injuries. Truck drivers who weave through traffic, take turns too fast, fail to check their blind spots, tailgate, overload their cargo, or run traffic lights and stop signs in an effort to meet a delivery deadline are likely to be found negligent.
However, there are often multiple accident victims after a truck accident, due to the weight and size of tractor-trailers and big rigs. These accident victims may be claiming against the same truck driver's policy. Therefore, it is crucial to consider whether others may have been at fault. For example, was the truck driver's employer at fault? Sometimes employers can be held liable when they see red flags during a background check, such as a record of DUIs, but hire the employee anyway, and then the employee causes a crash. They could similarly be held responsible for negligent supervision or training. When the truck driver is an employee of a trucking company, it may be vicariously liable for the driver's negligence, assuming that the accident occurred in the course and scope of employment. A personal injury attorney can help Forest Hills residents determine all of the parties that may have been at fault.
The situation is a bit different if you are a pedestrian or another driver in a car accident. Generally, you are supposed to turn to no-fault insurance first. No-fault insurance is supposed to provide coverage for basic economic losses, such as medical bills up to $50,000. However, if you suffer a basic economic loss that is more than $50,000, or you suffer what is considered a serious injury under the law, you can sue.
Unfortunately, pedestrians, bicyclists, and other victims sometimes are killed in motor vehicle accidents. A Forest Hills personal injury attorney may be able to help you recover wrongful death damages if you can show that the defendant’s negligence or wrongful conduct caused the death, the decedent could have sued had they not been killed, one or more people survived who experienced a loss because of the death, and actual damages resulted. You must also establish your right to bring the claim. Generally, wrongful death claims are brought by the personal representative of the decedent's estate. Sometimes the decedent has appointed a personal representative, such as a spouse or a child. The damages that the personal representative is trying to recover include any losses suffered by the decedent's heirs and beneficiaries, as well as the estate itself.Consult an Experienced Personal Injury Lawyer in the Forest Hills Area
If you suffer serious injuries in Forest Hills, you should retain an experienced trial attorney. Newman, Anzalone & Newman, LLP provides effective legal representation for accident victims. Call us at 718-896-2700 or use our online form to set up an appointment to discuss your situation.