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Personal Injury Lawyers in New York
Accidents can happen, and they often produce injuries that require extensive treatment and rehabilitation. For example, a car accident can cause a serious injury such as whiplash or head trauma. A slip and fall can result in a wrist fracture or a severe hip contusion. After getting involved in a personal injury incident, how do you recover the financial losses associated with the incident?
The answer is to contact one of the experienced personal injury lawyers in New York. An experienced personal injury attorney helps you file an insurance claim supported by a considerable amount of persuasive physical evidence. You also receive legal support if another party committed one or more acts of negligence that caused your injuries. If your personal injury attorney uncovers enough evidence to prove negligence, then you can file a civil lawsuit that seeks monetary damages.
For more than three decades, the personal injury lawyers in New York from Morgan and Morgan have helped clients recover financial losses generated by incidents such as car accidents, slip and falls, premises liability, and medical malpractice. With a nationwide presence, Morgan and Morgan has recovered more than $14 billion in monetary damages for clients that filed civil lawsuits. The best personal injury lawyers in New York from Morgan and Morgan possess many attributes that separate them from other attorneys.
Schedule a free case evaluation to discover why Morgan and Morgan is considered the preeminent personal injury law firm in the United States.
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What Are the Most Common Types of Personal Injury Claims in New York?
When you contact Morgan and Morgan to seek legal support for a personal injury case, the first question asked by one of our attorneys is what type of incident caused you harm. Morgan and Morgan assigns personal injury attorneys to cases that match their knowledge and experience. For example, if you slipped and fell at a convenience store, you can expect to work with one of the personal injury lawyers in New York from Morgan and Morgan who specializes in handling slip and fall cases.
With more than 30 years of experience, the personal injury attorneys at Morgan and Morgan have compiled a list of the five most common types of personal injury cases.
From dangerous road conditions in the Adirondack Mountains to reckless driving maneuvers committed in the heart of Manhattan, New York is home to a substantial number of car accidents. In addition to reckless driving and poor road conditions, other causes of vehicle collisions include distracted driving, driving under the influence of drugs and/or alcohol, and operating a motor vehicle that contains at least one serious defect. Car accidents cause injuries as mild as a few bruises to severe head trauma that places a victim in a life-threatening medical condition.
Slip and Falls
Bars, restaurants, convenience stores, and grocery stores represent the most common venues that experience slip and fall incidents. A business can assume legal liability for a slip and fall incident by not taking the proper steps to mop up a spill or fix a problem with a beverage machine. Injuries resulting from slip and fall incidents include bruised ribs, fractured wrists, and torn knee tendons and/or ligaments. The key to proving negligence involves obtaining footage shot from a business security camera.
Property owners have a duty of care to protect visitors against sustaining one or more injuries due to an act of negligence. For instance, if a visitor to a property falls down a set of stairs because a handrail broke free from a wall, the owner of a property might assume fault for not ensuring the handrail provided the required stability. Premises liability cases can be difficult to prove unless an overwhelming number of witnesses provide the same accounts that place the burden of legal liability on the shoulders of the property owner.
The last place you expect to sustain injuries or develop an illness is at a healthcare facility. Unfortunately, medical malpractice is one of the leading causes of death in the United States. Some examples of medical malpractice include incorrect diagnosis, surgical error, and prescribing the wrong medications. Winning a civil lawsuit for medical malpractice requires personal injury lawyers in New York to submit copies of medical tests, as well as detailed descriptions of treatment programs.
Man’s best friend can become overprotective or downright unruly which leads to a personal injury incident in which a victim receives several bites. Dog bite cases in New York combine negligence and strict liability principles. The owner or caretaker of a dog who bites another person is strictly liable for the expenses generated by medical care even if the owner or caretaker of the dog took measures to restrain the canine. For every other type of expense associated with a dog bite, New York law applies the negligence principle.
How Do Personal Injury Lawyers in New York Prove Negligence?
Proving negligence for a personal injury case represents the key for our clients to receive just compensation for their injuries. The personal injury lawyers in New York from Morgan and Morgan must prove the presence of the four elements of negligence.
Duty of Care
Duty of care means one party assumes responsibility for the safety of a second party. When someone gets behind the wheel of an automobile, that person is responsible for the safety of everyone that comes across the vehicle as a driver, passenger, pedestrian, and cyclist. Most personal injury cases place a duty of care on a certain party, such as the healthcare providers responsible for treating the injuries of a vehicle collision victim. However, some cases that involve product liability and premises liability can be difficult to prove duty of care.
Violating the Duty of Care Doctrine
Although proving a duty of care is relatively easy, the same cannot be said for proving a party violated the duty of care doctrine. Proving the second element of negligence requires personal injury lawyers in New York to submit compelling evidence that shows one party committed an act that harmed a second party. For a car accident case, submitting photographs and security camera footage can prove that one party violated the duty of care doctrine by injuring a victim. The incident report, such as a police report, can provide your lawyer with sufficient evidence to file a civil lawsuit that seeks monetary damages.
Incident Caused Your Injuries
The third element of proving negligence involves demonstrating that the violation of the duty of care doctrine caused your injuries. Submitting copies of medical bills and records should be enough evidence to prove the third element of negligence. However, the attorney representing the defendant might claim you sustained your injuries as a result of another incident. For example, if you claim a slip and fall fractured your left arm, the defendant’s lawyer might claim you sustained the injury from falling off a ladder at home.
Suffered Financial Losses
Proving the fourth element of negligence requires you to submit copies of medical bills, receipts of repairs to property damages, and timekeeping records that show how much time you missed from work. Copies of monthly bank statements should display a void of income because your injuries kept you out of work for a lengthy period. If your personal injury lawyer proves your injuries generated financial losses, you have completed the fourth step of proving negligence.
What Is the Statute of Limitations for Filing a Personal Injury Lawsuit in New York?
Every state has set a deadline for filing a personal injury lawsuit that seeks monetary damages. Also called the statute of limitations, the deadline for filing a personal injury lawsuit in most states is between two and four years. A few states have established a statute of limitations as long as six years and as short as one year. New York provides plaintiffs three years to file a personal injury lawsuit that seeks monetary damages. The clock starts ticking to take legal action on the day of the personal injury incident. The only exception to the three-year limit concerns a case where the victim did not develop symptoms until a few days or a couple of weeks after the personal injury incident.
Three years is more than enough time to file a convincing personal injury lawsuit. Nonetheless, personal injury lawyers in New York encourage clients to move much faster to take legal action for two important reasons. First, plaintiffs typically have to pay debts out-of-pocket until they receive just compensation from an insurance claim and/or a civil lawsuit. The exception to the payment of debts rule is if a creditor agrees to hold off on sending bills until a personal injury case gets resolved. Second, your attorney wants you to take immediate legal action to obtain the most accurate accounts from witnesses of what transpired before, during, and after a personal injury incident.
If you do not meet the New York statute of limitations for filing a personal injury lawsuit, you can expect the court clerk processing your case to remove it from the judicial docket.
What Can a Personal Injury Lawyer Do for Me?
At Morgan and Morgan, our personal injury lawyers in New York provide several helpful legal services for our clients.
Investigate the Case
Morgan and Morgan retains the professional services of more than 150 investigators located throughout the United States. Your personal injury attorney works closely with an investigator to conduct a thorough investigation that collects and organizes physical evidence. Acquiring witness accounts is another important part of the investigative process.
Interacts with Your Insurance Company
Insurance companies love it when policyholders file claims without the legal support of a personal injury attorney. It makes it much easier for them to deny claims or approve claims that are substantially undervalued. One of the personal injury lawyers in New York from Morgan and Morgan acts as an intermediary between you and the insurance adjuster processing your claim.
Negotiate a Settlement
Most personal injury cases never reach the trial phase of the litigation process. Instead, both parties attempt to negotiate a settlement that keeps the case out of a civil courtroom. Your lawyer submits an offer, which the other party can either accept, deny, or send back with a counteroffer. A series of counteroffers can follow until both parties agree to a settlement or decide to take the case to trial.
Schedule a free case evaluation today with one of the personal injury lawyers in New York from Morgan and Morgan.