Unfortunately, personal injury accidents are common in the Flatiron District, and victims often face substantial financial consequences. The role of a personal injury lawyer is to help you recover compensation for your losses, so you do not suffer further because of another person’s negligent actions. If you recently sustained an injury or property damage or lost someone you love in an accident caused by someone else, you would likely benefit from speaking with a personal injury lawyer about the details of your case.
What Cases Do Personal Injury Lawyers Commonly Handle in Flatiron District, Manhattan, NY?
Virtually anytime type of injury falls under the legal expertise of a personal injury lawyer as long as someone else is responsible. However, several types of cases are more common than others. The most common is auto accident cases.
Auto Accidents
Auto accidents make up the country’s vast majority of personal injury claims. Given the traffic congestion in Manhattan, personal injury lawyers in the area deal with these cases regularly. Under the umbrella of auto accidents are several different types of collisions in which one or both parties are at fault:
- Car crashes may involve one or more vehicles.
- Commercial truck accidents are often more complex, given the potential for multiple liable parties.
- Pedestrian, bicycle, and motorcycle accidents often result in devastating injuries for the more vulnerable party.
- Ridesharing accidents are sometimes more complex because the rideshare company may be liable.
- Electric scooter accidents are becoming increasingly more common as scooters become more popular in urban areas.
The many nuances in the laws that govern auto accidents can become overwhelming for someone unfamiliar with tort law. Victims often need a lawyer to ensure the insurance company does not take advantage of them.
Premises Liability
Premises liability refers to a property owner’s responsibility to ensure safe conditions for everyone they allow to visit their property. The most common cases filed under premises liability are slip and fall accidents. A slip and fall can occur anywhere, including private and public property. For example, if you slipped and fell on an icy walkway in front of someone’s house, you could potentially sue them to cover your medical bills. The same is true if you slip and fall in a restaurant because of a wet floor. What complicates these cases is the process of proving the property owner’s negligence. However, an experienced personal injury lawyer can help you build a strong case.
Dog Attacks
New York has no specific dog bite statute, but cases generally fall under strict liability principles and the “one bite” rule. Ultimately, this means the dog owner is almost always liable for their dog’s behavior. The victim will need to prove negligence, such as the dog owner’s failure to use reasonable care to warn others of a dangerous dog or prevent it from causing harm to someone else. Exceptions to dog owner liability are often made in cases where the injured party provoked the dog, was trespassing or committed another tort at the time of the attack.
Medical Malpractice
Medical malpractice is one of the most challenging types of personal injury claims to pursue. If you suffered an injury due to a medical professional’s failure to practice a reasonable standard of care, you could hold them liable for damages. Common examples of medical malpractice include:
- Failure to diagnose
- Prescribing the wrong medication or the wrong dosage of medication
- Birth injuries to either the mother or baby
- Mistakes made during surgery
- Failing to consider the patient’s medical history or current medications
- Not ordering the appropriate tests
Proving negligence is typically challenging in medical malpractice cases. Victims are often up against the vast legal resources of a medical facility, which is why having a legal representative is extremely important in these cases.
Product Liability
Product liability refers to a manufacturer’s responsibility to ensure the safety of their products and warn consumers of any potential dangers. The defect in a product could occur in design or production, sometimes making it difficult to prove negligence. You may need a personal injury lawyer to help you navigate the laws that regulate these cases and combat the powerful legal defense of a larger company.
Wrongful Death
Anytime an injured party dies due to an accident that would otherwise fall under the legal liability of a negligent party in a personal injury case, the deceased’s family can file a wrongful death lawsuit against the at-fault party. The specific laws that apply depend on the type of case. For example, auto accident laws would apply if your loved one died in a car accident caused by another person. Additionally, New York law limits the parties eligible for receiving compensation from a wrongful death claim to the deceased’s parents, children, spouse or estate representative.
How Do You Prove Negligence in a Personal Injury Case?
Proving negligence in a personal injury case requires three critical elements:
- The defendant owed you a duty of care. The evidence for duty of care will vary depending on the type of accident. For example, in a car accident case, the other driver’s duty of care was to behave within the boundaries of road laws and reasonable action while driving. In a slip and fall case, the property owner’s duty of care was to keep the property safe for all visitors.
- The defendant violated their duty of care. Breaching the duty of care could be committing a road law violation while driving or failing to clean up a spill in a restaurant.
- The defendant’s failure to uphold their duty of care resulted in your accident and injuries. Finally, you must prove the existence of a direct link between the breached duty of care and your accident, as well as a link between the accident and your injuries.
Without these elements of causation, you could not prove negligence. Keep in mind that your case must involve damages as well. Without any losses, you have no reason to file a compensation claim.
What Are the Advantages of Hiring a Personal Injury Lawyer in Flatiron District, Manhattan, NY?
If you are still on the fence about hiring a personal injury lawyer to handle your case, consider the benefits of having a legal representative. They are your proxy in all conversations with the insurance company and legal defense team. They protect you from potential rights violations and ensure you understand the legal process as each stage unfolds. You will not need to file paperwork or gather evidence from your accident to prove damages or negligence. They talk to eyewitnesses and even access professionals with relevant expertise to verify your claim and adequately value your settlement. All this occurs while you focus on healing and getting your life back.
The personal injury lawyers at Cellino Law help victims of negligence recover their losses daily in the Flatiron District. We have expert experience in litigating any personal injury case. So if you suffered an injury or lost someone dear to you because someone else chose to behave negligently, you do not have to face the consequences of those actions alone. We are available 24 hours a day, seven days a week, to listen to the details of your case and find out how we can help you get your life back on track. Contact Cellino Law at (888) 888-8888 to schedule your free case evaluation and speak to a personal injury lawyer today.