Injury and Accidents
Personal Injury
Personal injury accidents are caused by the negligence of others. Frequently these accidents involving automobiles, dog bites, railroads, utility (electric) lines, commercial trucks, elevators, defective products and construction injuries and scaffolding. The law seeks to compensate victims and their families for pain and suffering, lost earnings, loss of consortium, and at times award punitive damages in the event of gross negligence.
Accidents commonly occur at construction sites, factories, and in other industrial settings. New York
labor laws protect workers injured on a construction site. Examples of hazards that result in death or serious and permanent injuries include — scaffolding accidents, construction site accidents, electrocution cases, railroad cases, elevator accidents, and tractor-trailer accidents. Worker negligence is not a defense to liability and labor laws give the injured worker a separate and distinct cause of action apart from his or her workers’ compensation claim.
Assaults
Assault is considered a personal injury. If someone hits you without justification or provocation, they have committed an assault; you are entitled to sue for monetary damages for your injuries. In matrimonial actions, if one spouse hits another, that spouse can sue for monetary damages under assault. Although there is no insurance coverage to go after, frequently the major marital asset is the home. If a personal injury judgment is secured against the abusive spouse, that judgment will be applied against the abusive spouse’s equitable share of the marital asset, thereby reducing and possibly, depending upon the amount of the judgment, eliminating entirely the abusive spouse’s share of equitable distribution. It is important to keep in mind that the statute of limitations for assault is one (1) year. If you fail to bring a personal injury action within one (1) year of the assault, you will be forever time-barred from doing so thereafter.
Dog Bites
To recover for injuries inflicted by a dog bite, you must prove that the dog who attacked you had a prior vicious propensity. This is normally proved by the testimony of witnesses who can recount earlier instances in which the dog attacked another without provocation. Dangerous dogs frequently attack small children who cannot defend themselves, the elderly and delivery people, such as postal, UPS and Federal Express delivery persons.
Because Supreme Court cases can be lengthy, dog bite cases allow us to be creative in where we first commence the action. Under New York’s Agricultural & Markets Law, we can commence a Dangerous Dog hearing in District Court. The purpose of this hearing is to establish whether or not the dog is vicious and, if so, what remedies should be fashioned to prevent such attacks from taking place in the future. Because trials in District Court are expedited, you can present your entire testimony of witnesses with very little time and expense in a matter of days, versus the two to three years to get a case to trial in Supreme Court. Within a relatively short time, there will be a finding in District Court as to whether or not the dog in question had a prior vicious propensity and, if requested, a finding of whether the dog’s owner was negligent.
This lower court judgment can then be presented in Supreme Court with a motion for partial summary judgment on liability (because the dog was already found to have a prior vicious propensity and its owners found to be negligent by the District Court). This is res judicata or the law of the case. This means that with a finding of summary judgment on liability in your favor, you would proceed in Supreme Court with a case for damages only. Most insurance carriers settle damage only cases with very little fanfare. Not only do we have extensive experience in the field of dangerous dogs, but Dan Engstrand has lectured in this area before the Suffolk Academy of Law.
Wrongful Death
A wrongful death occurs when a person is killed due to the negligence of another individual or entity. A wrongful death suit can be brought by the surviving immediate family members if they suffer emotional injury and financial hardship due to the death of their family member. If you have lost a loved one due to the negligence of another, you should contact us immediately to protect your rights and the rights of your family.
Products Liability
Products liability law includes products that are unsafe and harmful when used in their intended manner including harmful prescription drugs and implanted surgical devices.
Medical Negligence
Medical malpractice can occur anytime a doctor, or other medical professional, commits an act that deviates from accepted medical standards of practicing medicine. This can take the form of a misdiagnosis, failure to diagnose illness or injury, failure to properly treat illness or injury, misuse of medical devices, surgical error or omission, medication and treatment errors. Medical negligence can result in birth trauma, cerebral palsy, traumatic brain injury, paralysis or death.
If you or a loved one has been injured by the negligence of another or the carelessness of a doctor, hospital, nurse, pharmaceutical, or other health care provider, our firm has the experience needed to help you pursue a case against the negligent party. With over twenty-five years of experience in litigating personal injury and medical malpractice actions in both state and federal courts, we have been successful in recovering millions of dollars for our clients.