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New York Personal Injury Law Blog

What to look for in a personal injury attorney

If you are injured in an accident, there may come a time when you want to learn more about your legal rights. While you can do some research on your own, there's no replacement for consulting with an experienced personal injury attorney.

With the right legal team on your side, you'll better understand your rights, how to proceed and what you can expect from your case.

School bus accident injures several

With school season back in full swing, mostly every driver on the street knows the protocol to follow when a school bus stops in front of him or her. It may seem overkill to some, but ensuring the safety of children while getting on or off the bus is no small matter. This is why stopping a good distance behind a halted bus and slowing down in a school zone is part of our safety culture and law.

A recent accident in New York involving a car and a school bus highlighted just how dangerous it can be to ignore these laws. According to witnesses who saw the accident take place, a silver car started doing donuts in the middle of the street and then hit two vehicles before it sped away. Subsequently, it hit another vehicle and a school bus before smashing into a light pole.

Who can file a premises liability claim?

When someone owns or operates property, such as a store, restaurant or even private property, they have a duty to ensure their property is relatively safe so that people who are entering it do not suffer an injury. Through premises liability, New Yorkers can hold the owner accountable for their personal injuries.

However, for premises liability to arise, there are certain factors to be kept in mind, including the legal status of the person injured. Everyone who goes onto another's property has a legal status, even though they might not be aware of it. The first label that could attach to an individual on another's property is that of an invitee, implying they have been invited onto the property and the owner or possessor has taken reasonable precautions to ensure the property is safe. A social guest, as the name implies, is a person who is a welcome visitor to the property.

Do you know how much your doctor knows about your procedure?

How much does a medical professional know about the medical implant they are asking patients to put in their bodies? This is the question that seems to have emerged from the recent Netflix documentary 'The Bleeding Edge,' which is asking viewers to think twice before getting an elective or even a necessary implant from a doctor.

There is no doubt that medical implants are vital and can often go a long way towards changing the quality of a person's life. However, New York residents may be surprised to hear that there is little to no regulation on medical implants and very little testing. Often, the reasons certain devices are preferred to others have little to do with quality and more to do with the doctor's affiliation with the company manufacturing them.

Birth injuries can have long-term consequences

Every day New York families welcome new babies into the world and celebrate the joy of their new additions. Although many newborns start their lives healthy and thriving, others undergo difficult and sometimes dangerous birth processes that can threaten their short- and long-term health. While some birth complications are unavoidable, birth injuries are incidents caused by medical errors and, generally, can be prevented through reasonable medical care.

Birth injuries can take on many forms and can result from a variety of different medical missteps and mistakes. For example, cerebral palsy may result during a birth that involves a baby losing oxygen inter utero and during the labor and delivery processes. Doctors should generally be able to monitor their patients for these forms of fetal problems and distress and, when they fail to do so, infants can suffer serious and life-threatening harm.

Distractions on the road can turn deadly

Drivers know about the typical distractions they can face while driving-drowsiness, texting, talking on the phone and daydreaming are all common diversions. However, New Yorkers may have recently come across a new phenomenon taking over social media-the 'InMyFeelings Challenge'. The song and subsequent challenge has taken the Internet by storm, with people jumping out of their vehicles to dance and post online. The National Transportation Safety Board has issued a warning about distracted driving and its hazards, hoping to reign in the situation before it becomes deadly.

There is ample reason to be concerned-more than 37,000 people die in motor vehicle accidents annually across the country, of which around 3500 are attributed to distracted driving. In New York alone in 2015, 160 people were killed and another 33,000 were injured in crashes which cited driver inattention as the cause. Across the country, around 391,000 people were injured in distracted driving crashes.

What is a contingency fee?

Like most people, you hope you never have to consult with a personal injury attorney. If you find yourself thinking about this, there's a good chance you or a loved one has been injured in some type of accident.

While it may not be the ideal situation, especially if you are dealing with a serious injury, it's critical to consult with an attorney should you require legal assistance.

Spare tire flies off truck, causing fatal accident

A truck driver may be behind the wheel when an accident takes place but not all situations are under their control. When the accident is not caused by negligence but rather with the vehicle's maintenance, then the trucking company may also be responsible for the injuries and destruction caused. It is the company's duty to ensure that the truck driver not only drives responsibly but is also given a vehicle that is properly maintained.

When a truck is not driven or maintained properly, it could be equal to a deadly weapon. Its mass and weight make it a force to be reckoned with if it is not driven correctly. It doesn't help that the majority of other vehicles on the road are passenger vehicles that can be crushed under the truck's size. A recent fatal accident in New York may highlight this discrepancy.

Understanding the duty of care in medical malpractice cases

Medical malpractice claims are important for victims to understand, which is why understanding the elements of a medical malpractice claim is also helpful. Although the laws regarding medical malpractice may vary somewhat by state, the doctor's duty of care is always a part of a medical malpractice claim.

A medical malpractice claim may allow a victim or their family to recover compensation for the physical, financial and emotional injuries they have suffered because of the negligence of a doctor, medical care professional or hospital. In all circumstances, a doctor or other medical care professional owes the victim a duty of care, which is usually referred to as the standard of care.

Brooklyn car accidents kills 1, injures others

Legal protections are available for victims of negligent drivers and their families. A fatal car accident in Brooklyn recently claimed the life of one man and injured two others. The accident occurred when a SUV travelling the wrong direction collided with another vehicle. A 27-year old passenger in the vehicle that was hit by the wrong-way driver was killed in the accident. Another passenger, a 29-year old woman, was injured, and the driver of the vehicle that was struck, a 20-year old man, was also injured in the car accident. Both were taken to local hospitals for medical treatment.

The 50-year old wrong-way driver has been charged with manslaughter, vehicular manslaughter, three counts of vehicular assault, driving while intoxicated and driving while ability impaired. In addition to criminal consequences that drivers may sometimes face, they may also face civil consequences through a personal injury claim for damages brought by victims or their families. In many instances, the criminal charges may be used as evidence of negligence.

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