Bronx Personal Injury Attorneys Glenn and Robin Herman Discuss Several of the Most Common Types of Personal Injury Lawsuits in the State of New York and What They Mean.
Personal injury lawsuits are an important part of the legal system in New York, allowing individuals to seek compensation for harm caused by another’s negligence. In this article, Bronx personal injury attorneys Glenn and Robin Herman discuss several of the most common types of personal injury lawsuits in the state of New York and what they mean.
Car or Traffic Accident Personal Injury Cases
Car accidents are a common source of personal injury cases in New York. When someone is injured due to the negligence of a driver, they may be eligible for compensation for pain and suffering, medical bills, lost wages and other damages. In addition to collisions involving two or more cars, other kinds of motor vehicle accidents are frequently brought to court, such as:
E-bike and e-scooter accidents
Pedestrian accidents, including hit-and-runs
Ride share accidents
Trucking/delivery truck accidents
Even though New York is a no-fault insurance state, injured parties can still recover money damages for their injuries if those injuries exceed the “no-fault threshold.” What this means is that in cases of most motor vehicle accidents, excluding motorcyclists, and in certain other cases, the injured party must sustain a “serious injury” under Section 5102(a), of the New York Insurance Law in order to recover for pain and suffering. Such injuries include broken bones, significant disfigurement, permanent limitation in use of bodily movements, other types of injury and in cases of death.
Slip and Fall/Premises Liability Personal Injury Cases
Property owners owe a certain duty of care to individuals who come onto their property, either as an invited guest or a lawful visitor. When that duty of care is breached and someone gets injured due to hazardous conditions on the premises, the injured party may be eligible for compensation. Slip and fall accidents are often considered premises liability cases, but other kinds of injuries can also qualify, including
Swimming pool accidents
Elevator and escalator malfunctions
Defective staircases or railings
Toxic mold or asbestos exposure
Fires, explosions or electrocutions
Inadequate security leading to assault or battery
Product Liability Personal Injury Cases
Product liability cases involve injuries caused by defective products. Manufacturers, distributors and retailers can all be held liable for their role in creating or selling a product that is dangerous to consumers. Common types of product liability cases include:
Defective medical devices or drugs
Dangerous power tools
Hazardous toys or children’s products
Defective auto parts
Wrongful Death Personal Injury Cases
When a person’s negligence or recklessness results in the death of another, the family members of the deceased may be able to file a wrongful death lawsuit. In New York, some of the damages families can seek compensation for include medical bills, burial costs and loss of future wages as well as the pain and suffering of the deceased family member from the time of the injury through the date of death and in certain cases, loss of nurture, care and guidance to the dependents of the deceased family member.
Assault and Battery Personal Injury Cases
Assault and battery are intentional torts, meaning that the victim’s injury was caused by another person’s direct intent to cause harm. Depending on the circumstances of the case, assault and battery can lead to criminal and/or civil legal action. In New York, assault and battery victims may be able to seek damages for physical injury, emotional distress and pain and suffering.
Animal Bite Personal Injury Cases
When an animal attack is caused by someone’s negligence or recklessness, the injured person may have grounds to file a personal injury lawsuit in New York. In addition to seeking damages for medical bills , victims may be able to receive money damages for mental anguish and pain and suffering if it can be shown that the animal had vicious propensities and that the animal’s owner knew or should have known of such vicious propensities
About New York City-based Personal Injury Attorneys Glenn & Robin Herman
Our New York City Personal Injury attorneys take the time to learn every aspect of your case during our initial meeting in order to properly evaluate the full extent of the damages you or a loved one have suffered. We have been representing seriously injured New Yorkers for over 30 years. Born, raised, and living in the City, we know that when you have been injured in this town, you need an attorney to protect your rights and explain the law to you in a way you can understand.
For a no-charge consultation today to discuss the details of your injury event (click here)
We represent clients in all five boroughs of New York (NY): Manhattan, Staten Island, Queens, Brooklyn, and the Bronx, along with Suffolk County & Nassau County on Long Island, Westchester County, Rockland County, and throughout the entire state of New York.