Parker Waichman LLP – Competent and Dedicated Long Island General Negligence Lawyers We all make mistakes throughout our lives, but most of those mistakes do not result in an innocent person’s injuries. However, when mistakes rise to the level of negligence, and such negligence causes a person to suffer serious and potentially fatal injuries, there […]
We all make mistakes throughout our lives, but most of those mistakes do not result in an innocent person’s injuries. However, when mistakes rise to the level of negligence, and such negligence causes a person to suffer serious and potentially fatal injuries, there are laws that allow injured victims to file lawsuits to recover compensation for their injuries. Injuries result in not only physical pain and suffering, but they also result in emotional distress, the inability to work, expensive medical costs, and an uncertain future.
When negligence turns an innocent person’s life upside down, there are legal options available to hold the negligent party accountable. Not only does legal action help a victim receive compensation for injuries, but it also helps to deter similar negligent conduct in the future. For example, if a doctor or medical professional commits medical malpractice by operating on the wrong leg, filing a lawsuit will hopefully ensure the doctor does not make the same mistake again. While compensation cannot turn back time, it is the only option available to injured individuals looking for some recourse to help them move forward after sustaining life-altering injuries.
At Parker Waichman LLP, our nationally-recognized Long Island General Negligence and Personal Injury Attorneys provide legal representation to injured victims who have suffered because of negligent conduct. Our law firm has recovered more than $2 billion in compensation for their clients collectively, demonstrating our success in helping clients receive the compensation they deserve. Parker Waichman LLP has a solid reputation in the legal community and has received many positive peer-reviewed ratings including the following:
While positive peer-review ratings provide a general picture of a law firm’s ability to help clients, such ratings are only one part of a much larger picture. The Long Island General Negligence Attorneys of Parker Waichman LLP encourage all injured victims to talk with our legal professional and find out what we do to ensure our clients receive the best legal representation possible.
There are a variety of methods in which negligence causes a person to suffer injuries, and a substantial number of negligence lawsuits fall into one or more of the following categories:
Regardless of what category a person’s injuries fall into (many of which may fit into multiple categories), the consequences can be devastating both for the injured person as well as his or her loved ones.
Because medical mistakes are a leading cause of mortality in the United States, numerous individuals suffer at the hands of medical malpractice every day. Medical professionals are held to a much higher standard, and their conduct is measured by what a reasonable medical professional would do in the same or similar situation. If a medical professional fails to satisfy the heightened standard of care, and such failure results in harm to a patient, this medical professional may be found liable for the resulting injuries.
All medical malpractice cases will involve the use of an expert witness to testify (1) what the standard of care is for the particular medical professional in question; (2) whether the medical professional or doctor in question fell below the standard of care; and (3) whether the medical professional’s failure to adhere to the standard of care was the cause of a person’s injuries or death.
Nursing homes are long-term care facilities intended to provide patients with round-the-clock medical treatment and assistance. These patients are placed in nursing homes because they are no longer able to care for themselves without help from another person. Nursing homes have doctors, nurses and other staff members who are supposed to ensure nursing home patients are well taken care of. However, all too often, nursing home patients suffer from abuse, neglect, slip and falls, and acts of medical malpractice. Because nursing home patients are not always able to voice their concerns, nursing home abuse and neglect may go unnoticed.
Emotional trauma is often associated with physical injuries sustained in nursing homes. Additionally, some patients may experience emotional trauma from verbal abuse that may not involve physical injuries. Regardless of what the injuries are, nursing home patients do not deserve to suffer because of another’s conduct.
Any accident or act of negligence can cause fatal injuries. The loss of life is the worst kind of injury a person can suffer, and loved ones also feel the pain as they may have relied on a loved one who is now gone. A Long Island wrongful death lawsuit could be filed if the plaintiff (a representative of the deceased individuals’ estate) can prove that a person or party’s negligence was the cause of the fatal injuries. For example, when a patient is undergoing surgery and is given the wrong dose of medication when going under anesthesia, and the patient subsequently dies, a wrongful death lawsuit may be filed against the doctor or anesthesiologist responsible for administering the proper dose of an anesthesia drug.
Head injuries are not always visible to the naked eye. In fact, some of the most serious traumatic brain injuries (TBIs) have no physical signs. A broken leg is definitely painful, but a person is likely to overcome the pain associated with a broken bone. The consequences of a TBI have the potential to be permanent, and the pain can be both physical and mental. Many severe TBIs result in secondary medical problems, such as the development of depression, chronic headaches, the inability to sleep, difficulty concentrating, and trouble getting along with others. Many family relationships are damaged because of a person’s TBI. As such, any person whose TBI was caused by another’s negligence should consult with a qualified Long Island Traumatic Brain Injury Attorney.
Most babies are born healthy and clear of injuries. However, far too many birth injuries happen each year on Long Island and throughout the rest of the country. Birth injuries can harm a baby before that baby’s life begins. Some birth injuries do not result in permanent damage, but many birth injuries are permanent. While birth injuries can be sustained during the course of a pregnancy, a significant number of injuries happen during labor and delivery. Examples of birth injuries caused by medical malpractice include, among others, the following:
Regardless of what type of birth injury an innocent baby sustains, the costs can be enormous. In addition to physical disabilities, the financial cost of birth injuries can put a family into financial distress.
Fire and burn injuries are certainly catastrophic and can make a person’s life difficult. While the physical pain may go away after a person has healed as much as he/she can, the scarring and disfigurement associated with fire and burn injuries can last a lifetime. Burns are categorized by the following degrees:
Most burns are caused by fire, but burns can also be caused by exposure to certain chemicals, high-temperature steam, radiation, contact with a very hot surface, and electricity. As such, the type of burn may be different depending on the cause of the burns.
New York has certain laws, like all other states, which establish how much time a person has to file a lawsuit. Because every state creates its own laws, it is important to be aware of New York law as it applies to negligence and injury lawsuits. The following time limitations apply to negligence lawsuits in New York:
Under New York law, there may be a situation where exceptions to the general rules apply. However, it is never a smart idea to rely on an exception that may or may not apply in a particular case. It is better to stick to the general rules and seek the advice of a qualified Long Island General Negligence Attorney as soon as possible after suffering personal injuries caused by an act of negligence.
Many injured individuals are hesitant to speak with an attorney and pursue legal action to hold another person or party responsible for the negligent conduct. While the legal process can be intimidating, it is a tool and a right available to injured victims who have suffered because of negligence. Rather than fear legal action, injured victims should learn about the basic process and understand that a qualified attorney will be handling the matter from start to finish. The following steps apply to most negligence lawsuits:
While many lawsuits result in a settlement award, case results cannot be guaranteed. However, with the assistance of Parker Waichman LLP, a significant number of injured clients can receive the compensation they deserve.
Permanent injuries may require constant medical treatment for the rest of your life. As such, it is essential to calculate the best estimate of how much the medical treatment will cost into the future. There are experts who can provide estimates of the costs a permanently injured person will incur for the rest of his/her life. These experts are used in negligence lawsuits to support an injured person’s case and are necessary to justify a particular amount of damages that the injured person is entitled to.
Punitive damages are intended to “punish” and deter a person or party whose conduct was wanton, reckless, and in disregard of the health and safety of others. Such damages are not awarded in every case as they go beyond simple negligence. An example of conduct that may be considered punitive in nature is drunk driving. A drunk driver decides to get behind the wheel while under the influence, which is a decision to place others at risk for suffering debilitating and sometimes fatal injuries. At trial, a case for punitive damages will be decided separately by a jury after a verdict is reached as to whether a defendant was negligent in causing the plaintiff’s injuries.
No. New York is a state that does not place caps or limitations on how much compensation an injured person can recover. As such, if an injured person is awarded a certain amount of compensation at trial, this is the amount the injured person will receive (so long as the verdict is not overturned from an appeal).
Comparative negligence is when the injured person may be partly to blame for his or her injuries. For example, if a person is seriously injured in a car accident, but the person was not wearing a seatbelt, a jury may find that the injured person shares some of the blame. In such cases, the amount of compensation a jury awards the injured person may be diminished by the percentage of his or her own fault. If a jury believes the injured person was 30% at fault, then any monetary award may be reduced by this percentage.
All lawsuits incur case costs that a client does not have to worry about until the conclusion of the case if he or she is awarded compensation. Case costs include filing fees, the cost of obtaining medical records and other documents, expert fees, travel expenses, deposition costs, and attorneys’ fees. If a client’s case is successful, the case costs and fees will be deducted from the client’s total award. Because a client is not responsible for any case costs or fees unless he or she is successful in obtaining compensation, there is no risk to speaking with an attorney about injuries sustained because of an act of negligence.
Whether you or your family member has sustained injuries from negligent conduct, you already know just how debilitating the injuries can be and how it is difficult to recover. As such, it may be time to speak with a qualified Long Island General Negligence and Personal Injury Attorney to review potential legal options for moving forward and holding the negligent party liable for your suffering.
At Parker Waichman LLP, our nationally-recognized Long Island General Negligence and Personal Injury Attorneys have the skill, dedication, and resources to help injured victims receive the compensation they rightfully need and deserve. If you would like to speak with one of our Long Island General Negligence and Personal Injury Attorneys, contact Parker Waichman LLP today by calling (800) YOUR-LAWYER (968-7529). We have attorneys and paralegals who speak many languages, including Spanish.