General Negligence Attorneys in New York
The attorneys at Parker Waichman LLP have extensive experience litigating negligence cases in New York, including claims centered around 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 types of 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 may allege negligence such as improper medication administration, inadequate care or improper maintenance and sanitation. In these cases, we assert that the physician or facility fell below the required standard of care and harmed our client in the process.
Malpractice claims can be quite complex, but when you work with a New York medical negligence attorney at our firm, your case will be in good hands. Our lawyers have a keen understanding of New York medical negligence laws and will aggressively pursue the compensation you and your family deserve. Contact our firm today for a free consultation on your New York medical malpractice case with no obligation.
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 these facilities; in New York, nursing home abuse cases are far too common. Your loved ones deserve to be attended to with compassion, dignity, and respect, and when they are mistreated, you need the best legal representation. A New York City negligence lawyer at Parker Waichman can help you hold these providers accountable for their misdeeds.
In the most severe negligence cases, victims’ injuries can be fatal. If you find yourself in this unfortunate situation, our law firm can help you pursue a wrongful death claim. While nothing can truly make up for your loss, the personal representative of the estate can seek compensation to help with costs incurred because of their loved one’s death as well as ensure that the party at fault is brought to justice for their actions.
Traumatic Brain Injury
Traumatic brain injuries usually happen as a result of a lack of oxygen or a 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 do. 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, and we can provide a free case evaluation to help you understand your legal rights.
Birth injuries can result from medical mistakes made by obstetricians, nurses or medical facilities. With this type of medical negligence, New York babies and/or their mothers are harmed during prenatal care, the birthing process or delivery. These injuries can have lifelong 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 to perform their duties competently, you have the right to hold them responsible in court. A New York hospital negligence lawyer at Parker Waichman can assist you in pursuing a legal claim to recover compensation for past and future medical costs and other damages. Call today for a free consultation with one of our birth injury attorneys.
If someone acts carelessly, they can cause a fire or burn injury to another person. Burn injuries can range significantly in severity, from blisters to serious damage to nerves, tissue, and/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 who cause these tragic injuries and fight for the relief the victims deserve. If you’ve suffered a burn injury due to someone else’s negligence, a personal injury lawyer in New York, NY, with our firm can help you get the compensation you deserve.
Standard of Liability in Negligence Cases
When we are litigating any of these types of negligence cases, we will need to prove liability. Under New York negligence law, we must show that:
- 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.
- Our client’s injury was caused by the defendant’s negligence.
In order to hold someone accountable for your injury, we have to prove that they 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 medical malpractice cases, 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 our client a particular duty of care. We will ordinarily hire experts to establish what the standard of care was in your case.
To prove whether the defendant breached their duty of care, we will examine the possibility of alternate conduct, looking at what the defendant did and what a reasonable person would have done under the same or similar circumstances. The actions of a “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 situation. If we establish that the defendant owed a duty of care and 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 would seem 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 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, your New York City negligence lawyer will 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 a difference in your case. Parker Waichman does not shy away from complex cases, however. We know how to prove causation, and we work with a network of respected medical and industry experts to make sure we can put together the strongest possible case for each client.
Statutes of Limitations on New York Negligence Claims
Before filing your New York negligence claim, we need to make sure that the statute of limitations has not expired. A statute of limitations is a state law that sets a specific deadline by 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 case to case, so it’s extremely important to be sure that you calculate this deadline accurately.
Generally, New York has a three-year statute of limitations on negligence cases. This means that in a negligence case in the state of New York, you have three years from the date of the negligent act to file your claim in the correct court. Sometimes, it’s difficult to understand exactly when the negligence occurred and therefore when the deadline for your case is, but our knowledgeable attorneys are adept at determining these deadlines and ensuring that our clients’ claims are timely. However, it’s crucial that you contact us as soon as possible to get started with your case so that we have enough time to put together a strong claim on your behalf.
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 ease when you contact us about your case. During your initial call with Parker Waichman, a member of our dedicated legal team will listen to your story and help you to understand the services that our firm can provide.
When you choose our New York law firm to handle your negligence case, our attorneys will:
- 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 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 the defense
- Take your case to trial, if necessary
Our lawyers understand New York negligence law and know how to win these cases. If your case proceeds to trial, you can feel confident that 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 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 will pay us nothing out of pocket, either when you sign with us or at any other time in the process. We take cases on a contingency-fee basis, meaning that our recovery is dependent on yours. If you receive a settlement or jury award, our fees and expenses will be paid from that, rather than from any of your own out-of-pocket funds. If you don’t get compensation, neither do we.
We know you have been through enough and have suffered financially because of your injuries, so we take the financial stress of litigation off of your shoulders. Contact us today to find out more about our contingency-fee contracts.
How Much Can I Receive in a Settlement?
It’s very important to keep in mind that we cannot guarantee a specific outcome in any case, which means we cannot guarantee a settlement. We will work hard to secure 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 from 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
- Punitive damages if the facts of the case warrant this type of compensation
Parker Waichman’s attorneys 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 that you are wholly compensated for your injuries.
How Long Will it Take to Resolve My Negligence Case?
Potential clients ask this question very often, but it is always difficult to answer. Many aspects of a case can influence the rate at which it moves forward, so the timetable will vary for each 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 encounter during your case and based on conflicts that can surface in the court’s schedule. While it’s difficult to know how long things will take, we can assure you that 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 at 1-800-YOUR-LAWYER or by filling out our online form below. You will be able to speak to an experienced negligence attorney, and we’ll ask you to fill out a simple medical authorization so that we can order your medical records to review your case. You’ll also sign a contingency fee retainer that will allow us to examine your case and protect your legal rights. It’s simple to begin the process of pursuing your legal claim, and we’ll walk you through every step. Just call us today to get started by speaking with a negligence and personal injury lawyer in New York, NY.
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, and we’ll do so for free with no obligation to you. As advocates for victims of devastating injuries, we have established a reputation for honesty and tenacious representation. Throughout our years practicing in New York, we have earned many honors and accolades from our colleagues and clients, including:
- The highest possible peer-review rating from Martindale-Hubbell, which has been rating attorneys across the country for more than a century
- A near-perfect 9.8 rating from AVVO, a service that rates every attorney in the United States
- Inclusion in Best Lawyers, which is determined by extensive peer review
When you have Parker Waichman on your side, you know your case will be handled with care by professionals with decades of successful litigation experience. If you or a loved one have been injured because of someone else’s wrongful conduct, contact our office today at 1-800-YOUR-LAWYER to schedule a free consultation with one of our dedicated lawyers.
How Do I Get My Police Report in Manhattan?
In the hours following an accident or arrest, a police report is generated by the investigating Manhattan police officer. Once the report has been generated a "public portion" of the report is available immediately. The public portion of the police report withholds information until the case is completely closed. Once the case has wrapped up, you or your attorney can talk to your local Manhattan police precinct to obtain a copy of the full police report. How you are able to get your report varies depending on the preference of the precinct. Some prefer to do it electronically, others via mail, and others in person. Regardless, there may be a waiting period and your precinct may charge a fee to request a copy of the police report. When it comes to help in getting a police report under New York personal injury law, Manhattan, NY, residents should know that Parker Waichman is here to help you make the most of your case. Our law firm is recognized nationally for our care of clients and skill in gathering evidence to get you the compensation you deserve.
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