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personal injury Tag

Staten Island New York Personal Injury Lawyer > Posts tagged "personal injury"

The Relationship Between Injuries And Damages

Personal injuries that result in damages can range from scratches to catastrophic wounds. The worse the injuries are, the higher the damages. Some injuries may require extended periods of medical treatment, which can result in higher expenses. Because injuries are intrinsically related to damages, typically, you can expect higher damages if your injuries are more severe. According to personal injury lawyers, the more terrible the injury, the more you should receive in the settlement.  How Are Damages Estimated Based On Injuries? Every personal injury case is unique, which is why you will need an attorney to help you properly estimate how much you should receive in...

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How To Prepare For A Medical Malpractice Claim

According to research by John Hopkins Medicine, over 250,000 Americans die each year from medical errors, making this the third leading cause of death in the US following heart disease and cancer.  When a patient is injured as a result of a healthcare professional’s negligent actions, or failure to act, according to the standards reasonably expected of them, they may be entitled to compensation for medical malpractice. Examples of this can include incorrect medication or dosages, failure to diagnose or misdiagnosis, premature discharge, surgical errors, and poor follow-up care. If you have been injured following treatment you received by a  medical professional this article will...

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How Effective Are Helmets In Preventing Motorcyclist Death?

When you think of motorcycles, you may picture riding on an open road and experiencing a thrilling sense of adventure. But unfortunately, while motorcycles look cool and exciting, they are among the most dangerous motor vehicle transportation means on our roads.  In 2015, 88,000 people were injured on roads in the US, and, unfortunately, more than 5,000 motorcyclists were killed in 2017. The NHTSA asserts that wearing helmets saved the lives of almost 1,900 people in the US. The organization also states that 750 more lives could have been saved across the nation if all motorcycle accident victims had worn their...

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HOW TO COLLECT EVIDENCE AFTER A CAR ACCIDENT

It only takes a moment for your life to change when you are involved in a car accident. If you are lucky, you won’t suffer any catastrophic injuries, but that doesn’t mean that you won’t need time to heal and money to repair your vehicle. If you end up missing time at work due to your injury and suffer financial losses, you may want to file a lawsuit. Dealing with the legal system can be challenging. It’s best to get the advice of a personal injury expert to help with your case. One of the most important aspects of a successful personal injury lawsuit...

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Will the Person Who Caused My Injury Get Punished?

No. Punishment comes from criminal cases, not civil cases. Defendants in civil actions for personal injury do not receive jail terms or stiff fines as punishment. Those are criminal sentences and personal injury cases are civil disputes. (But juries and courts can award what the law calls punitive damages when the defendant's intentional acts have injured you. These awards are rather rare.) [American Bar] ...

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What is Negligence?

One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained. Of course, there are often defenses and other technicalities involved with proving such a case, so it is always best to contact a qualified, licensed attorney to help answer your questions and guide you through the process of analyzing your claim or defense to negligence.Attorneys are infamous for using “legalese,” or terms that have a special meaning in the...

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Do I Have a Personal Injury Case?

If you’ve suffered significant harm because of someone else’s obvious carelessness ("negligence" in legalese), this may not be a tough question to answer. But many situations are not so cut-and-dried. If you’re figuring out whether you have a valid personal injury claim—one that would justify going to the time and trouble of filing an insurance claim over the incident or bringing a lawsuit to civil court—there are a few key factors that can help you decide. How Serious Are Your Injuries? Any time you think someone else did something that resulted in harm to you, or simply did something that put you in...

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What is the Personal Injury Statute of Limitations in New York?

Whether your potential legal claim stems from a slip and fall, a traffic accident, or any other incident where someone else's conduct caused you harm, you might be thinking about filing a personal injury lawsuit in New York's civil courts. If so, it's crucial that you comply with the statute of limitations for this type of case. (A little background for those who may not be fluent in "legalese": a statute of limitations is a law that puts a time limit on your right to file a lawsuit in court.) In this article, we'll cover the details of New York's personal injury statute of limitations,...

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Personal Injury Claims Based on COVID-19

Most personal injury claims are based on a legal theory called negligence, which means that a person or a business did not use the appropriate care under the circumstances. The person bringing the claim (the plaintiff) must show that they would not have suffered harm if the defendant had acted reasonably. These cases do not typically arise from contracting an infectious disease, such as a flu. It can be hard to prove the precise source of exposure, as well as identifying a specific action by a defendant that showed a lack of reasonable care. However, there may be certain situations...

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Being Prepared to Meet Your Attorney After a Motor Vehicle Accident

Driving a car carries with it many responsibilities, such as obeying traffic laws and obtaining insurance. So what sort of things is your attorney going to be interested in knowing, and what documents might he or she be interested in reviewing? The following is a checklist of items you might want to think about, and prepare for, before meeting your attorney for the first time. Accident Information: Are you prepared to explain the details of the accident? Yes or No? What day did the accident occur? What time of day did the accident occur?  What was the exact location of accident? What was the weather like? What was the roadway...

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