General Negligence Attorneys in New York
The attorneys at Parker Waichman LLP have extensive experience litigating negligence cases in New York. These include traffic accidents, medical malpractice, nursing home abuse, wrongful death, defective product injuries, traumatic brain injuries, birth injuries, and fire and burn injuries. We fight for people and families harmed by the negligence of others, and we have a long history of achieving outstanding results.
Parker Waichman’s attorneys believe in helping people, and we take on a wide range of negligence cases in order to serve as many injured parties as we can.
In addition to General Personal Injury and Traffic Accident Claims, our law firm handles the following negligence claims throughout New York:
In New York, people can file lawsuits against physicians, medical facilities, and entities that own or operate medical facilities. These lawsuits allege negligence like improper medication administration, inadequate care, or improper maintenance and sanitation. We assert that the physician or facility fell below the required standard of care and harmed our client in the process.
These can be very complicated cases, but our lawyers have a keen understanding of New York medical negligence laws and will aggressively pursue the compensation you and your family deserve. Visit our New York Medical Malpractice page to read more about these cases, and contact our firm to discuss your claim today.
Nursing Home Abuse
When you place your loved ones in the care of a nursing facility, you trust that they will be in good hands.
Unfortunately, people sometimes find out that their family members have been neglected or abused in their nursing homes. Seniors are vulnerable to this type of conduct, and our attorneys will stand up for their rights. Your loved ones deserve to be attended to with compassion, dignity, and respect, and when they are mistreated, you need the best legal representation. Parker Waichman LLP will hold accountable facilities that place profits above people.
If you or a loved one has endured an act of abuse or neglect in a nursing home, contact our firm today. You can also go to our New York Nursing Home Abuse page to find out more.
In the most severe negligence cases, victims will pass away from their injuries. Our firm will then represent the family members to recover from the losses they have experienced because of the death of their loved one. In these cases, the decedent must have an estate opened, and a claim can be pursued by the personal representative of the estate.
Go to our New York Wrongful Death page, and call our firm today to learn more and to begin an investigation of your potential claim.
Traumatic Brain Injury
Traumatic brain injuries usually happen as a result of a lack of oxygen or blow to the head. Brain trauma can involve mild or severe injuries, ranging from a lapse in consciousness to a complete change in a person’s mental state or ability to perform activities they used to handle. When a traumatic brain injury occurs because of someone else’s negligence, you can file a lawsuit against the wrongdoer.
Our firm is skilled in prosecuting these cases, which you can read more about on our New York Traumatic Brain Injuries page. Contact Parker Waichman LLP today if you believe you have a potential negligence claim related to a brain injury.
Birth injuries can result from medical mistakes made by obstetricians, nurses, or medical facilities. These errors might take place during prenatal care, the birthing process, and delivery. The injuries can often cause life-long consequences for both the mother and the baby. One example is Erb’s Palsy, a condition in which a baby is mishandled during birth, damaging the nerves of the upper arm and causing shoulder dystocia and brachial plexus disorder.
Prenatal care and delivery require close attention to detail, and when medical providers fail, you have the right to hold them responsible in court. Visit our New York Birth Injuries page to learn more, and contact our firm to schedule a free consultation with one of our birth injury attorneys.
yIf someone acts carelessly, they can cause a fire or burn injury to another person. Burn injuries can range significantly in severity, from blisters to damage of nerves, tissue, or ligaments. Burns are categorized on a scale of one to four, depending on the nature of the injury. Treatment is often excruciating, frequently involving surgeries, skin grafting, and painful cleaning routines.
Our attorneys stand up to people and entities who cause these tragic injuries and fight for the relief the victims deserve. Click on our New York Burn Injuries page to read additional information about our practice, and call our law firm to discuss your potential case.
Standard of Liability in Negligence Cases
When we are litigating any of the above cases, we will allege theories of liability sounding in negligence law. Under New York negligence law, we must prove several factors to be successful in court:
- The defendant owed our client a duty to use reasonable care;
- The defendant breached that duty and failed to use reasonable care;
- Our client suffered an injury; and
- Our client’s injury was precipitated by the defendant’s negligence.
In order to hold someone accountable for your injury, we have to prove that he or she owed you a legal duty to use reasonable care. This might sound like a strange concept, but before someone can be deemed negligent, they must have had an obligation to behave in a certain way. If there was no obligation to act, we could not blame that person for failing to act. In situations like medical malpractice, doctors unquestionably owe their patients a duty to use care, which takes effect as soon as doctors accept people as their patients. In other cases, we look at the circumstances of the claim to analyze whether the defendant owed a particular duty of care. We will ordinarily hire experts to establish what the particular standard of care was in your case.
To prove whether the defendant breached his or her duty of care, we will examine the possibility for alternate conduct. We look at what the defendant did, and what a reasonable person would have done under the same or similar circumstances. The actions of the “reasonable person” change depending on the type of case. For instance, in a birth injury case against an obstetrician, we will not look at what any reasonable person would have done; We will analyze what a reasonable obstetrician would have done when faced with the same or similar facts of the case. If we establish that (1) the defendant owed a duty, and (2) the defendant breached that duty, we have proved that the defendant was legally negligent. But we can’t stop there.
Next, we have to prove that you suffered some sort of harm. This seems to be a reasonably simple thing to do, but some injuries are not readily apparent. In brain injury cases, for example, the effects might not be immediately clear to a jury or to the defense. We will need to hire experts to testify as to the full extent of the injury and how it affects our client’s life. “Harm” also goes beyond physical injury. Our attorneys will prove your financial damages during this phase of the case, as well.
After we establish that you have been injured, we need to tie that injury back to the defendant’s negligence. This can sometimes be difficult, as we need to prove that a different action by the defendant would have made some difference in your case. Parker Waichman LLP does not shy away from complex cases, however. We know how to prove causation, and we work with a network of tremendous medical and industry experts to make sure we put together the best possible case for you and your family.
Statutes of Limitations on New York Negligence Claims
Before filing your New York negligence case, we need to make sure that your statute of limitations has not expired. “Statute of Limitations” is a state law that requires a specific time or deadline in which an injury victim must file their claim. If you do not file your negligence claim within the time period set by state law, you will be disqualified from filing a claim in the future. Statutes of limitations vary from state to state and from claim to claim, so it is extremely important to be sure you have the right timeframe when reviewing your case to file.
Generally, New York has a three-year statute of limitations on negligence cases. This means in a negligence case in the state of New York; you have three years from the day of the negligent act to in order file your claim in the correct court. Sometimes, it is difficult to understand when exactly the negligence occurred and therefore is difficult to determine your deadline to file. The attorneys at our firm are extremely diligent about calculating statutes of limitations on all our negligence cases because we understand the consequences are severe. If you have a potential negligence case, contact Parker Waichman LLP today to begin your potential case review. Do not delay in speaking with or retaining a New York lawyer to investigate your claim because time could be running.
How Can a New York General Negligence Lawyer Help Me?
When you have been through a traumatic injury or suffered along with a family member who has experienced an injury, you need representation you can trust. We understand how your injuries have affected your life, and we will work tirelessly to achieve the results you and your family need. Our firm only hires experienced and compassionate staff and attorneys who will put your mind at peace when you contact us about your case. During your initial call with Parker Waichman LLP, a member of our dedicated legal team will listen to your story and assist in understanding the services that our firm can provide.
Our New York law firm will build a successful negligence case on your behalf by doing all of the following:
- Create a detailed summary of the acts of negligence from your perspective and/or the perspective of any family members;
- Contact any potential witnesses to the negligence or your injuries;
- Order medical records that document the treatment you received or will require because of your injuries;
- Consult with medical and industry experts to obtain favorable testimony for your case;
- Calculate the statute of limitations (deadline to file) for your case;
- Determine the appropriate court for filing your case;
- Send a demand letter to the defendant(s);
- Contact any potential insurance carriers or lienholders;
- Engage in written discovery and depositions to gather evidence for your case;
- Participate in mediation, arbitration and/or settlement negotiations with defense.
Our lawyers understand New York negligence law and know how to win these cases. If your case proceeds to trial, you can feel confident your Parker Waichman attorneys are seasoned trial litigators who have achieved significant verdicts for numerous clients. You can trust our firm to prepare you for every step of your litigation and to obtain the best results possible.
New York Negligence Lawsuit Frequently Asked Questions
When our clients contact us about their potential New York negligence cases, they often have questions about the claims process and case law. Below are some of the questions we frequently hear, along with our answers.
What is the Cost of Signing Up My Case?
You do not need to put any money down when you sign up, nor will you owe us any money if you do not receive an award for your case. We contract our cases on a contingency fee, meaning our recovery is dependent on yours. If you receive a settlement or verdict, our fees and expenses will be paid from that, rather than from any of your own out-of-pocket funds. We know you have been through enough and have suffered financially because of your injuries, so we work to take the financial stress of litigation off your shoulders. Contact us today to find out more about our contingency fee contracts.
How Much Can I Receive in a Settlement?
It is very important to keep in mind that we cannot guarantee a specific outcome in any case, which means we cannot guarantee your case will settle. We will work hard to achieve the highest amount of compensation possible, but we can never be certain what will happen during the course of litigation. In pursuing your lawsuit, however, we will seek the following damages on your behalf:
- future medical expenses for your injuries;
- Lost wages for your past and future time off work related to your injuries;
- Compensation for your physical and mental pain and suffering;
- Loss of consortium damages for how your injuries have changed your relationship with your spouse; and
- Punitive damages if the facts of the case warrant this type of compensation.
Parker Waichman LLP will thoroughly review your case to make sure we capture the full extent of your losses, and we will do everything we can to make sure you are wholly compensated for your injuries.
How Long Will It Take to Resolve Negligence My Case?
Potential clients ask this question very often, but it is always difficult to answer. We reiterate that a settlement is not guaranteed, and numerous aspects of a case can influence the rate at which the case will move forward. If your case involves complex facts or injuries, it might require work that will take more time than another case.
After we file your case, we will receive a scheduling order from the court, which will help us set deadlines and understand how quickly the court wants to move the case along. That schedule can change, however, depending on the obstacles we encountered during your case and based on conflicts that can surface in the court’s schedule. While it is difficult to know now how long things will take, we can assure you we will always keep you updated of our progress and timeline, as your peace of mind is extremely important to us.
What Are the Next Steps?
If you believe you have a potential negligence case, the first step is to contact our law firm by calling our New York office or by filling out our online form below. You will be able to speak to one of our skilled staff members, along with an experienced negligence attorney. Our lawyers will ask you to fill out a simple medical authorization so that we can order your medical records to review your case and to sign a contingency contract that will allow us to examine your case and protect your legal rights. It is easy to begin your claims process, so contact us today to discuss your potential lawsuit with our law firm.
Why Call Parker Waichman LLP for Your Free Case Analysis?
Our compassionate, skilled New York attorneys are ready to review and investigate your claim today, beginning with a through and confidential consultation at absolutely no cost to you. Contact our firm to learn how we can help you and your family move forward.
Awards, Accolades and Accomplishments
As advocates for victims of devastating injuries, we have established a reputation for honesty and professional representation. Throughout our years practicing in New York, we have earned honors and accolades from our colleagues and clients, including:
- 8 (out of a perfect 10) Rating by AVVO (a service that rates every attorney in the United States)
- “Preeminent Lawyers” AV Peer Review Rating (Martindale-Hubbell® – a company that, for more than 100 years, has rated attorneys across the United States and the world based on feedback from judges and their peers)
- Highest Ranking of “5 Dragons,” based on peer review by Lawdragon
- Listing in Best Lawyers Publication, determined by Extensive Peer Review
When you have a Parker Waichman attorney on your side, you know your case will be handled with care and backed by decades of successful litigation experience. If you have or a loved one has been injured because of someone else’s wrongful conduct, contact our office today to schedule a consultation with one of our dedicated lawyers.
Call Parker Waichman LLP Today Before Time Runs Out on Your Case
If you or a loved one were injured because of someone else’s negligence, contact our firm today by filling out our website’s contact form or by calling 1-800-YOURLAWYER (1-800-968-7529) for a free consultation.
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