NYC Personal Injury Attorneys
New York City is the most populous city in the country. It has about nine million people spread over five boroughs: Brooklyn, Queens, Manhattan, the Bronx, and Staten Island. With so many people crammed into a small space, businesses are crowded, roads are heavily traveled, and construction is an ongoing presence. Accidents thus are inescapable, even if you take precautions. If you are hurt in an NYC accident, you may be contacted by an insurer for the responsible person or entity. Often, the insurer for an at-fault person or business wants to limit liability by securing an admission or other information to damage your case and prevent your ability to recover full damages from its insured. At Newman, Anzalone & Newman, our NYC personal injury lawyers may be able to help you recover damages following a pedestrian accident or another incident that caused injuries. It is important to avoid talking to insurers for the at-fault party until after you have secured legal representation.Bringing a Personal Injury Claim Under New York Law
Most personal injury lawsuits arise out of the negligence of one or more people or entities. Negligence is made up of four elements: a duty to use reasonable care, a breach of duty, actual and proximate (legal) causation, and actual damages. Each of these elements must be proven by a preponderance of the evidence, or you will not be able to recover damages for the harm done to you. In some cases, when a safety law or ordinance has been violated, you may be able to establish a case of negligence per se, or negligence as a matter of law. For example, if a truck driver on I-95 fails to follow one of the many state and federal safety regulations, and the failure to meet this standard results in your injuries or a loved one's death, the driver may be negligent as a matter of law. This often allows a personal injury attorney in NYC to shift the focus from liability to the amount of damages.
A breach of duty can manifest in varying ways. In the context of a car accident, a driver may be negligent for running a stop sign, running a red light, speeding, weaving in and out of traffic, failing to brake in time, failing to yield the right of way, or failing to maintain brake lights and other parts of the car to protect safety. In the context of a premises liability lawsuit, by contrast, you will need to show that a property owner knew or should have known about the dangerous condition that caused the fall in which you were hurt. Usually, a victim will rely on constructive notice rather than actual notice. Constructive notice can be shown by proving that a dangerous condition existed for so long that a reasonable property owner would have noticed it and either fixed the situation or put up warnings.
Owners and general contractors have specific obligations on construction sites. While many construction workers can recover workers' compensation benefits after an accident, these benefits represent only a portion of a worker's total damages. In some cases, a third party may be responsible for injuries. For example, an owner and general contractor are supposed to make sure that workers have fall protection equipment and that scaffolding is built in a safe way. An owner that violates their statutory duties may be held liable by an NYC personal injury attorney for damages incurred by a construction worker injured by the violation.
Under New York Labor Law 240, a construction worker who performs work that is necessary to erecting or repairing certain buildings and does that work at an elevation is entitled to safety provisions and devices. If they do not receive these provisions and are injured as a result, they may be able to recover damages from a third party responsible for supervising the work and providing safety devices. The third party can defend itself by showing that the worker was completely responsible for the accident and that it was not at all responsible, but this is challenging to prove.Consult a Skilled Personal Injury Lawyer in NYC
Newman, Anzalone & Newman provides effective legal representation for victims and their families in personal injury and wrongful death lawsuits. Call us at 718-896-2700 or use our online form to set up a free consultation and get started on your case.