Practice Areas - Personal Injury Law

Automobile accidents are probably the most common type of accidents which result in serious personal injury. It is the duty of a driver of a car to operate it with reasonable care. The driver of a car is obligated to drive at a reasonably safe speed, to have his vehicle under reasonable control, to keep a proper lookout under the circumstances and to be aware of his surroundings. The driver of a car has a responsibility to keep a proper lookout to avoid striking pedestrians or bicyclists. In order to recover damages for personal injuries sustained in a car accident that resulted from someone else's negligence, the victim must prove that he or she has sustained a serious physical injury.

In the State of New York the owner of a dog or other animal that injures someone is legally responsible for the injuries that the victim sustains if the owner knew or had reason to know that the animal had dangerous or vicious propensities. If a dog has previously bitten someone then its owner is strictly liable for all of the victim's injuries. These injuries often include the victim's medical expenses, residual scarring and need for plastic surgery, any resulting neurological damage as a result of injury to the nerves and the emotional trauma suffered as a result of being attacked by an animal.

No amount of money can compensate a family whose loved one was taken away from them as a result of wrongful death. In New York, wrongful death is a type of personal injury that may be the result of many kinds of accidents including those resulting from medical malpractice, defective products, construction accidents, or automobile accidents. This type of unforeseen tragedy leaves family members with hospital bills, funeral expenses and the emotional trauma of the loss of a loved one. New York law permits certain members of a deceased's family to recover damages for conscious pain and suffering as well as the economic loss sustained by these family members as a result of the negligent wrongful death of their loved one.

The laws in US states like New York require manufacturers and sellers of products to ensure that their products are not in any way defective or dangerous to users. Companies must provide proper warning and safeguards to ensure user's safety or health. The responsibility is not only restricted to the actual users, but also to persons who may be directly or indirectly affected by the use of the product, knowingly or otherwise. Some of the most common product liability claims are those of negligence, strict liability, breach of warranty, and various consumer protection related claims. While making a claim, it must be proven that a duty owed, a breach of that duty, the breach was the cause in fact of the plaintiff's injury (actual cause), the breach proximately caused the plaintiff's injury. and the plaintiff suffered actual quantifiable injury (damages).

Aviation accidents are complex in nature. If you or your loved ones have suffered injury or unfortunately have been taken away, you have right to claim damages and compensation. However, multiple agencies and organisations may be responsible for proper running of a flight. While many accidents can be attributed to pilot error or mechanical error, there can be other reasons like errors caused by air traffic controllers, aircraft manufacturers, aircraft suppliers and the FAA. All these parties and any other third party directly or indirectly involved in airline operation are the ones against whom you may file a claim. While making a claim, it should be established that the aviation accident was caused due to error or negligence of one or more the parties against whom you want to file a compensation claim. In this process, finding the cause of an aviation accident is not an easy task. Aviation law requires a number of different procedures that must be followed in this regard.

If you feel you are a victim of medical malpractice? Having realised that you are a victim, the next step is to find out whether there was a loss or damage which forms basis of the claim? The losses may be direct or indirect, immediate or future, pecuniary or emotional. However, there are strict time limits regarding when a medical malpractice case must be filed, and these time limits differ depending on many circumstances. As the statutes vary from state to state, you are advised to consult a local practitioner for most accurate information about the time limits placed or starting a legal proceeding against a medical malpractice. Given the complex nature of medical service and stringent rules and time limits to prevent frivolous claims and safeguard medical service providers' reasonable interests, it is extremely important to consult a medical malpractice lawyer or medical malpractice attorney to ensure justice is not beyond your reach.

The owner or occupier of commercial or residential premises has a duty to keep its property in a reasonably safe condition. If the property was not reasonably safe and someone sustains personal injury, they may have a claim for damages. Premises can be unsafe as a result of the failure to remove accumulations of snow or ice, allowing broken sidewalks or walkways to exist upon the premises, staircases that do not comply with the Building Code, or where the owner has permitted a trap on his property to exist. Unless the owner actually created the condition that caused the accident, an accident victim must prove that the owner knew or had reason to know of the dangerous or defective condition sufficiently in advance of the accident so that proper remedial measures could be taken.

Construction industry is accident prone that sees more deaths annually than any other private sector. In fact, it is the largest U.S. industry and it constantly registers high rates of workplace accidents. Though the Occupational Safety and Health Administration (OSHA) has deployed a large amount of its enforcement to the construction industry, it is yet to reduce injuries and fatalities in that field significantly. It is also a fact that construction sites expose workers to a wide variety of risks and hazards, many of which are avoidable.