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New York Personal Injury Law Blog

Car crashes into house in early morning hours

With the rain pelting down and roads becoming slick, many New York residents may decide to stay in for the evening to stay safe. After all, one does expect to become involved in a motor vehicle accident in the safety of their homes, but a recent accident in the state demonstrates crashes can take place anywhere, even in one's house.

According to police officers, they were trying to pull over a car for vehicle and traffic violations when the car ran into the front steps of a house in the early morning hours. As a result, the car caught on fire and the driver fled from the scene of the crime. Firefighters managed to quickly put out the fire. An arrest is pending.

Get experienced help for compensation for personal injury

When a New York resident is injured due to someone else's negligence, be it on the road or in a hospital, they most likely are unaware about the long treacherous road they are about to embark upon. Hospital tests and medications begin to pile up, as do costs related to repairing the injured vehicle. At the same time, the person who has been injured is very likely not to be able to return to work temporarily, or even permanently, and this means their source of income might become reduced or ends altogether at the very time they need it the most.

In addition to the physical injuries, the emotional trauma of what one went through can resonate with an accident victim for years to come. He or she can find that they need to go through extensive counseling to put the past behind them, but in many cases this can be a process that takes many years and most people do not have the finances to heal, emotionally and physically.

How does standard of care relate to medical malpractice cases?

If a New York resident suspects they have left a hospital with a worsened condition than what they went into the hospital with, they may find that they have become the victims of medical malpractice. A medical malpractice suit means that a medical professional did not treat their patients with the standard of care owed to them. But it might not be clear to the victim what the term "standard of care" means. Understanding what the standard of care is can go a long way in educating one about what to expect from a medical professional.

The standard of care that is owed to a patient by a medical professional refers to the level of care, skill and expertise that is to be possessed by physicians in a similar community and acting under similar circumstances. What does this mean? It means that if a doctor did not behave in the way that is expected of someone acting in his or her field, that doctor can be held liable for any harm caused. Holding someone to a standard of care means that doctors are expected to act in a way consistent with the expectations of the medical community.

What's the difference between personal injury and workers' comp?

New York residents may be aware that the type of injury they suffer in an accident plays a significant role in the amount of compensation they can recover. However, they may not be aware that the place where the accident occurred might also be important. Factors such as what the injured party was doing when he or she got injured could play a big role in determining if someone can pursue a personal injury lawsuit or a workers' compensation claim.

A workers' compensation claim is a state-mandated program for employees who were injured in connection with the work they do. However, workers' compensation claims do not cover injuries that resulted from the workers own clumsiness or that were not suffered while the employee was working. The benefit of workers' compensation programs is that employees receive benefits regardless of who was at fault. This means the injured employee is excused from having to prove fault and causation. However, since workers' compensation must be recovered from employers, the amount of compensation received is often modest. It does cover medical costs, costs for retraining, replacement costs and compensation for permanent injuries.

Drowsy driving remains a problem among many people

Drowsy driving remains a major problem among many people, with some not realizing just how dangerous it is. The tricky thing about drowsy driving is that it can hit in an instant. One second you're feeling okay, but the next you're too tired to be behind the wheel.

There are many reasons why drowsy driving is a problem, including the following:

  • It slows reaction time, thus making it difficult to make split-second decisions
  • Makes you less likely to pay attention to the road ahead and cars around you
  • Affects your ability to maintain good judgment

New York limo accident kills 20

The limousine accident that killed 20 people in New York recently has not only shaken the state, but also the whole nation, being dubbed the deadliest transportation accident in almost 10 years. The National Transportation Safety Board is going to investigate every aspect of the crash and it could end up becoming a watershed moment for the limousine industry.

One of the issues that is likely to end up in the forefront is how the industry is regulated. These half-limousine, half van vehicles are a concern for the NTSB, according to a former managing director of the NTSB-they often do not meet the highest safety standards. Since these vehicles carry a Department of Transportation identification number, there should be some oversight by the Federal Motor Carrier Safety Administration, but its not clear yet what that oversight looks like.

Common causes of truck accidents

Though the trucking industry powers our nation's economy, trucks and big rigs are also common causes of serious, if not fatal, injuries on the road. Due to the nature of their jobs-the unrealistic schedules and trucking industry expectations-- truckers are often pushed to hurry on the road. As a result, truck accidents happen commonly on the road and result in devastation for both the accident victims and their families.

There are a number of reasons truck accidents take place, including the inexperience and lack of training of truck drivers. New York truck drivers, like their counterparts across the country, are often not trained adequately as to how to drive safely and defensively on the road. As a result, truck drivers are behind 18-wheelers that can become weapons in their hands if not operated safely.

Where do you go if someone else injures you?

One instant a New York resident is likely driving down the road or entering a store, going about their business with no more than the usual concerns on their mind. The next instant, a personal injury, through either a car accident, a slip and fall on someone else's property or a medical mistake, can potentially plunge an accident victim's life into turmoil and uncertainty. No one actually plans to get hurt, which is why one usually doesn't have a financial or emotional plan in place.

As medical bills pile up and accident victims unable to work because of the injuries they sustained in the accident, New York victims may find themselves uncertain about how to proceed, if at all. However, there a number of legal options that can be exercised to recover the finances necessary to make ends meet and cover medical expenses that were caused by someone else's negligence. The question that then arises is who will help recover that compensation?

Dog bite laws in New York

Dogs may be man's best friend but there are times when man's best friend turns on him or her as well. When a dog bites someone, the dog owner may become liable for the injuries that have been caused to the victim, depending both on the laws of the state and on the danger level of the dog in question.

There are two approaches states take-strict liability or one bite rule. Strict liability means that the owner is responsible for all harm that a dog causes, regardless of whether they think the dog was dangerous or not. The one-bite rule means that if the owner had no knowledge that the dog was dangerous, he or she will not be held liable for harm caused. New York is a mixed state in this regard-it applies both these approaches.

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.

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