Motor Vehicle Accidents / No Fault Insurance

Car Accidents
Medical Malpractice
Wrongful Death
Cancer Misdiagnosis
Dog Bites
ATV / Boating Accidents
Hunting & Firearms Accidents
Birth Injuries
Brain / Head Injuries
Construction Accidents
Fall Down Injuries
Insurance Settlements

Motor Vehicle Accidents / No Fault Insurance
When it comes to personal injury claims, automobile accident cases are the most common. According to the National Highway Traffic Safety Administration, every 10 seconds someone in the U.S. is involved in a car accident. Though less numerous, truck accidents are far more dangerous. Most deaths that occur in these truck or tractor trailer accidents are of the passengers of the automobiles. Any person injured through the use or operation of a motor vehicle is entitled to be paid no fault benefits. These benefits are available to drivers, passengers, pedestrians or anyone else who is using or operating the vehicle.

Medical Malpractice
Medical malpractice is the result of a healthcare provider's failure to provide the expected standard of care. Legally, healthcare professionals are only required to give a standard of care that is ordinary or normal. When a physician is determined to be negligent, it means that he or she has failed to use the same degree of skill and learning, under the same or similar circumstances, that are used by other members of the medical profession. In the state of New York, any medical malpractice lawsuit must be brought within two and a half years from the time of the malpractice, or within two and a half years from the date of the last continuous treatment for the condition that gave rise to the lawsuit.

Wrongful Death
Wrongful death refers to a fatality that occurs because of the negligence or misdeeds of another person, corporation or entity. It is under tort law, and is designed to compensate the surviving family for their loss due to the death of another family member. Wrongful death holds an individual, group or corporation (defendant) accountable for causing injury to another person (plaintiff). The primary goal of a personal injury tort is to provide relief (damages) to the plaintiff and to deter the defendant from inflicting further harm to others. Survivors may receive damages for the earnings the deceased would have provided, damages for medical and funeral expenses for the deceased, loss of services from the deceased, loss of counsel from the deceased, and sometimes, punitive damages.

Cancer Misdiagnosis
In 1999, the Institute of Medicine (IOM) released a disturbing report citing medical mistakes as the 8th leading cause of death in the United States. The key to the successful treatment of cancer is an early diagnosis. A failure to diagnose cancer in its early stages or a delay in diagnosing cancer until after it has been present for a long period of time often results in death.

Dog Bites
In New York, any owner, keeper or landlord may be held liable if proper steps are not taken to prevent injuries caused by a vicious dog. This makes them accountable for injuries sustained if the dog was not properly secured on their premises or on a leash. Costs of treatment for the dog bites are often very high. Dog bite treatment can include emergency room visits, hospitalization, psychological treatment and often plastic surgery. You will be entitled to damages for such medical expenses, in addition to reimbursement for lost wages and pain and suffering.

Hunting & Firearms Accidents
Compared to other outdoor sports, hunting is statistically safe. Unfortunately, accidents do happen and are often the result of hunting safety and game law violations. Those injured in hunting accidents may be entitled to file a claim and receive damages from the responsible party. Those held responsible must pay monetary damages that include lost wages (current and future), medical costs and other financial compensation.

Birth Injuries
During labor and delivery, medical complications can result in birth injuries. A "birth injury" is defined as any type of damage to an infant's body before, during or just after birth. Cerebral palsy and Erbs palsy are the most common types of injury. There are many circumstances where brain damage or birth injuries are caused by mistakes made by doctors, hospitals or other medical professionals during the delivery process. Unfortunately, doctors and hospitals will almost never admit fault or offer to pay reasonable damages to cover even the likely economic loss from an injury. If the doctor or hospital is held responsible for your child’s birth injury, you may be entitled to recover damages to assist you in caring for your child.

Brain Injuries
A head injury, or traumatic brain injury, is any type of trauma to the head that results in an injury to the skull, brain or scalp. More than 5 million people in the United States are currently suffering disabilities due to head injuries, including traumatic brain injuries, acquired brain injuries, closed head injuries, penetrating head injuries and anoxic (lack of oxygen) brain injuries. Many head injuries could have been prevented, but because of the negligence of someone else, a personal injury results. Car accidents are the leading cause of brain injuries in the U.S., and most of the accidents are due to negligence. If negligence is the cause, the victim may be entitled to recover damages, including all current and future medical costs, property damage, pain and suffering, loss of current and future earnings, loss of enjoyment of life and in some cases, punitive damages.

Construction Accidents
Construction accidents kill or injure thousands each year. Many construction accident cases involve several potential third-party defendants, parties such as the owners, architects, subcontractors and equipment manufacturers, all of whom may bear responsibility for your injuries. The law requires that construction companies ensure a reasonably safe site. The contractor and all subcontractors must provide a reasonably safe work environment as well as warn workers of hazards that are inherent in the site and nature of the work. Construction equipment manufacturers also have a responsibility to design and maintain safe products. In any personal injury case, negligence must be proven and it must be established that the injury was caused by that negligence in order for a damage award to be made.

Fall Down Injuries
According to the law, property owners are obligated to provide safe, secure and properly maintained premises. Regardless of how or why a person enters a property, property owners may be held liable if injury occurs. If you have fallen and been injured on somebody else's property, you may claim reasonable compensation for your pain and suffering, mental anguish, lost capacity for the enjoyment of life, as well as medical bills and lost wages.

Insurance Settlements
The majority of auto accidents cause minor property damage, while others result in substantial property damage, serious personal injury or death. Accident victims may become overwhelmed by the barrage of telephone calls, paperwork, accident reports, treatment costs, medical bills, paperwork and other documentation received after an auto accident. Conversely, insurance companies have the time, resources and familiarity with procedures to stay busy working to minimize their personal injury payout or settlement. A recent study has shown that personal injury victims who are represented by professional counsel receive substantially more compensation than those who try to represent themselves (on average three times as much).