General Negligence Attorneys In Long Island
In personal injury litigation, the term “negligence” is used when someone was injured due to another party’s action or failure to act. Personal injury lawsuits alleging negligence typically involve situations where the defendant allegedly failed to act with reasonable care. Negligence can apply to a wide variety of personal injury lawsuits, including medical malpractice, nursing home abuse, and wrongful death cases.
The Long Island personal injury attorneys at Parker Waichman LLP have decades of experience successfully representing clients in lawsuits involving injuries due to negligence. Contact one of our lawyers today for more information about filing a case.
General negligence involves a situation where the liable party allegedly acted in a manner that caused harm. Conversely, a negligence claim may also involve a scenario where the liable party failed to act when it should have, resulting in injury. When considering to file a negligence claim, a good question to ask is whether a reasonable person would have acted the same way in the same situation.
Personal injury lawsuits filed over negligence involve four elements: duty of care, breach of duty, causation and damages. Duty of care means that an individual is legally obligated to act with a certain standard of care with regards to the safety of others. Generally, everyone is obligated to take “reasonable care” to avoid injuring others. If a person breached their duty of care, they are considered negligent or careless. Once these two elements are established, you have shown that the other party is liable for your injuries.
However, that is not the end of a negligence claim. You also need to show that this breach of duty caused your injury. Additionally, you need to prove that your injury resulted in damages, meaning physical and emotional harm, economic damages, or property damage.
Long Island medical malpractice lawsuits may be brought against a physician; other medical provider; hospital; or, in some cases, a government agency that operates as a hospital or provides medical care. Medical malpractice claims may include prescribing an improper dosage of medication, negligent medical care, failure to properly maintain, clean and/or operate medical equipment that may result in serious injuries and/or infection.
In a Long Island medical malpractice case, the allegedly injured individual must have been under the care of a physician; and during the physician’s advising, diagnosing, or treating of the patient, the physician neglected to provide proper medical care as required within the doctor’s specialization. As a result, the patient became ill, injured, and/or the patient’s medical condition worsened.
Some examples of medical malpractice include:
- Failure to diagnose and/or misdiagnosis a medical condition, sickness or disease
- Failure to inform the patient of the risks involved with a specific procedure
- Failure to adequately monitor a patient
- Improper medical treatment
- Injury during birth, to the mother or child
- Surgical errors
- Prescription errors
The attorneys at Parker Waichman have successfully litigated medical malpractice cases in Long Island. If you or someone you know was injured or died due to medical malpractice, the Long Island attorneys at Parker Waichman LLP continue to offer free legal consultations.
Nursing Home Abuse and Neglect
Nursing homes and other long-term care facilities are common options for elderly residents who can no longer live independently. The Long Island nursing home attorneys at Parker Waichman are dedicated to fighting for the rights of nursing home abuse and neglect victims. Families and loved ones place sick or elderly individuals into nursing homes so they can receive the 24-hour medical care and supervision they need. We trust that nursing homes are a place where residents are protected and cared for. Unfortunately, there are some instances where this trust is violated.
The idea of nursing home abuse and neglect is alarming, yet it happens. In 2002, a study presented before the United States Senate found that nearly one-third of nursing homes in the nation were cited for abuse. Additionally, 10 percent of nursing homes committed violations that caused harm or placed residents at risk of actual harm. The study predicted that these figures would rise even higher in the future.
Nursing home residents can be abused physically, verbally, and sexually. A nursing home staff member may commit the abuse, or the victim may be abused by another resident. In some instances, the resident may also be abused financially. Individuals who commit the abuse are often taking advantage of elderly nursing home residents who cannot defend themselves or even remember what happened.
A Long Island wrongful death lawsuit may be filed for many different reasons, such as a car accident, defective product, occupational injuries and police misconduct. In a wrongful death case, the representative of the deceased individual alleges that the decedent (the person who has died) was killed due to the wrongful conduct of another party.
In New York, the Surrogate’s Court appoints the personal representative of a deceased person. This representative is the only one who can bring a wrongful death lawsuit. The wrongful death case alleges that the decedent was killed by the liable party’s negligence. Additionally, the lawsuit must show that the decedent is survived by dependents or beneficiaries (such as a spouse or children) and that these survivors have endured economic loss due to the decedent’s death.
Injuries Due to Negligence
If you were injured due to negligence, you may have grounds for a personal injury lawsuit. Under a negligence claim, you can sue for damages, meaning the compensation for an injury. Economic damages are monetary amounts that can be calculated. Oftentimes, this includes clear-cut things such as medical bills, lost wages, and property damage. Non-economic damages involve “pain and suffering”, including the physical and mental harm caused by the injury. Non-economic damages also include loss of consortium, as well as emotional distress, which may include depression, mental anguish, anxiety and fright. Calculating damages for non-economic damages is different from economic damages, since it is subjective.
For example, what if you were injured in a car accident due to the negligence of another driver? As a result, you suffer a traumatic brain injury (“TBI”). Economic damages would include medical expenses and lost wages associated with treating the TBI. Examples of non-economic damages would include the pain and suffering that the TBI causes, emotional distress, and anxiety related to the injury.
Proving negligence in a personal injury lawsuit requires an attorney who is both knowledgeable and experienced. If you have any questions about filing a lawsuit, contact Parker Waichman today.
Filing a Long Island Personal Injury Lawsuit
If you or someone you know was injured due to negligence, contact one of our Long Island personal injury attorneys today. Parker Waichman offers free, no-obligation case evaluations. For more information, fill out our online form or call 1-800-YOURLAWYER (1-800-968-7529).
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