Help for victims of car accidents
Knowing what damages victims may be able to claim following a car accident is useful to help them through the recovery process. In addition to damages for medical expenses, damages for lost wages, lost earning capacity and pain and suffering damages may be available to injured victims through a personal injury claim for damages.
Personal injury damages can help victims navigate the recovery process. Victims of car accidents may suffer a wide range of damages from cuts, bruises and broken bones to more catastrophic injuries including brain injuries, paralysis and other potentially disabling injuries. Victims who are unable to work as a result of the injuries suffered in a car accident, or while they are recovering from their injuries, may be able to recover damages for lost wages and lost earning capacity.
Victims may also be able to recover compensation for medical expenses including ambulance fees; consultation with healthcare professionals; medical accessories such as crutches or other accessories; disability or disfigurement; physical or cognitive therapy; and in-home care services. It is important to take into account medical expenses the victim has incurred as well as future medical care costs they may incur.
Personal injury legal resources are available to help protect victims when they have been injured by the negligence of another party. Car accident victims may be able to recover compensation for their physical, financial and emotional damages and should be familiar with the damages that may be available to them through a personal injury claim when they have suffered harm in a car accident.
Time limits on personal injury claims are important to understand
There are important time limits that apply to personal injury claims for damages that victims of car accidents and other types of accidents should be familiar with. Statutes of limitation are in important part of the law to understand because they establish the timelines and deadlines that apply to personal injury claims.
Statutes of limitation vary by state and can also vary by the type of civil claim that is being filed so it is important to be familiar with what the applicable statute of limitation is. In general, statutes of limitation range from 1 to 6 years in New York depending on the nature of the claim that is being filed. That clock for the statute of limitations begins when the wrong occurs or is discovered. When a victim has been wrongfully harmed by a negligent driver, they may be able to bring a claim for damages but must be aware of the statute of limitation.
It is also important to abide by statutes of limitations because if an injured victim fails to bring a claim in time, before the statute of limitations expires, the other party may request that the lawsuit be dismissed because it was filed after the statute of limitations expired. In New York state, the statute of limitations for personal injury claims is 3 years. A personal injury claim for damages must be filed within 3 year of the car accident.
A personal injury claim for damages is a valuable legal protection for injured victims to consider that can help them recover compensation for the physical, financial and emotional harm they have suffered. As a result, it is important to pay attention to the statute of limitations to preserve a claim for damages.
What do I do if I was hurt in a car accident?
Car accidents can be devastating for victims which is why it is important for them to be familiar with their legal protections if they have been injured in an unexpected car accident or other personal injury accident. There are important steps victims of car accidents should take following a car accident to preserve the personal injury protections available to them but they may wonder what they are.
A personal injury claim for damages will allow car accident victims to recover compensation for the harm they have suffered including compensation for their physical, financial and emotional injuries. Car accident victims should ensure that any evidence available related to the accident is collected which can include photographs and other relevant information. In addition, car accident victims should make sure to obtain information from witnesses who may have witnessed the car accident. If possible, they should obtain statements and identifying information for witnesses.
Additionally, victims should carefully record, in writing, the circumstances surrounding the car accident and the car accident itself. Police should also be summoned to the scene so that a police report will be available for use should it be needed later. It is also important to seek needed medical care and treatment and carefully document the medical care and treatment the victim receives. All of this information will be helpful should the victim decide at some point to pursue a claim for damages against a negligent driver responsible for the harm they suffered.
Personal injury protections are an important resource for victims of car accidents to be familiar with. Because they can help victims in many ways, it is important for car accident victims to be familiar with the personal injury legal protections available to them.
Study finds big jump in SUV-pedestrian fatalities in last 8 years
SUV's are extremely popular. Between 2009 and 2016, the number of passenger vehicles registered, excluding SUVs, decreased by a little less than 1 percent. Over the same period, the number of SUVs registered grew by 37 percent. SUVs and light trucks now account for 67 percent of the American auto market.
Unfortunately, SUVs are responsible for a growing number of pedestrian fatalities. The nonprofit Insurance Institute for Highway Safety found a huge spike in fatal SUV-pedestrian collisions between 2009 and 2016.
During those eight years, fatal pedestrian crashes involving SUVs grew by 81 percent. That's 3.1-percent higher than the increase in such crashes involving all other vehicle types combined. This confirms a previously recognized trend.
"Although larger, heavier vehicles provide more protection to their occupants and thus have lower driver death rates per registered vehicle than smaller cars," according to the Institute, "previous research has found that SUVs and other light trucks and vans were associated with increased risks of severely injuring or killing pedestrians in an impact when compared with cars."
SUVs can be especially deadly to pedestrians
The basic shape of an SUV makes it more dangerous to pedestrians. Since they are taller and their front-ends are squarer, SUVs are more likely than other vehicles to strike pedestrians in the head or chest, as opposed to the legs.
One approach to reducing the risk is to "soften up" the front end of the vehicle. This could be done by adding a "pedestrian airbag" that would inflate when the vehicle hits a pedestrian, potentially preventing the pedestrian from striking the vehicle's roof pillars, which can be especially dangerous. Adding rearview cameras and brighter headlights could also help.
Other factors contributing to fatal pedestrian accidents
The study's authors don't know exactly what has caused the jump in SUV-pedestrian fatalities, but it's worth noting that fatal pedestrian crashes have themselves risen in recent years. In 2016, pedestrian deaths were at their highest rate since 1990. Per capita, the greatest increase in fatalities was among pedestrians between 20 and 69.
That could be the result of more walking among people in that age group. Between 2005 and 2015, the estimated number of Americans reporting walking as their primary mode of transportation rose from 3.3 million to 4.2 million.
According to the National Highway Traffic Safety Administration, New York City had the highest number of pedestrian fatalities in 2016.
In order to prevent these tragedies, every driver needs to be vigilant about watching for pedestrians. If you or a loved one has been hit by a car, truck or SUV, contacting a personal injury attorney can help ensure that you receive full, fair compensation for your injuries and losses.
The basics of damages in a personal injury claim
A personal injury claim for damages is an important tool, as this blog recently discussed, to help victims in Brooklyn pursue compensation for the damages they have suffered because of another party's negligence. Broadly speaking, personal injury damages fall into three categories including compensation for physical, financial and emotional injuries suffered due to another party's negligence.
A personal injury claim for damages allows victims to seek help with their medical expenses, lost wages and emotional trauma. Damages for medical expenses can include ambulance fees; consultations with doctors and other health care professionals; physical or cognitive therapies; medical accessories; in-home care and treatment; and compensation for disfigurement or permanent disability. Future medical expenses may also be available in some circumstances.
Damages for financial losses can include compensation for lost wages but also for diminished earning capacity that victims may also suffer as a result of a traumatic accident. Additionally, with regards to emotional damages, victims may be able to pursue compensation for pain and suffering associated with the emotional trauma of an accident and damages for loss of affection and companionship, among other types of damages.
Damages available to victims of a traumatic accident are specific to each situation. Therefore, it is important for victims to be familiar with all the different types of damages available and how a personal injury claim applies to their unique situation and circumstances. Victims of an accident caused by another person can be left with physical, financial and emotional challenges they never expected to face. Therefore, they may be in need of the important legal protections that may be available to them.
Source: FindLaw, "What Kinds of Damages May I Claim for Car Accident Injuries?" Accessed May 15, 2018
Choosing an Injury Attorney
Would anyone select a surgeon for open-heart surgery based simply on the recommendation of his next door neighbor, relative, Google search, advertisement, or based on the convenient location of the surgeon's office?
Of course not!!!!
So why retain an injury or medical malpractice lawyer based on the above?
It is imperative that your choice of attorney be based on the recommendation of an individual familiar with the specific facts of your case who is experienced in and thoroughly familiar with the intricacies of personal injury/medical malpractice law, and who is acquainted with the most qualified attorneys that practice and specialize in those areas of law.
We, at Find Injury Law, cannot encourage you enough to select your personal injury/medical malpractice attorney based only on the recommendation of such an individual.
At Find Injury Law, we have over 30 years of excellence and experience in guiding cases to the highest qualified attorney suited specifically for the facts of your case. We base our decision on a thorough review of the specific details of the case. Our ultimate goal is to help you achieve the absolute highest monetary recovery possible. Our service is provided to you at NO EXTRA COST!
Please call us discuss your case at 1-888-888-6470 or visit our site at wwww.findinjurylaw.com.
Remember: your choice of lawyer can have an effect on the quality of your life and on the lives of your loved ones for years to come.
What types of car accident injuries are common?
Because no two motor vehicle accidents are exactly the same, drivers never know what could happen to them in accidents with other vehicles.
The most important thing you can do is turn your immediate attention to your personal health and well-being. If you don't take this step, you could make a mistake that causes you more pain and discomfort down the road.
This leads to an important question: what types of car accident injuries are most common?
Again, there is no way of knowing what type of injuries, if any, you will suffer in a car accident. However, here is a breakdown of some of the most common:
- Back and neck injuries. With the impact of a car accident, you always have to worry about back or neck injuries. For example, whiplash is common result when vehicles get in rear-end collisions.
- Head and brain injuries. These are among the most serious injuries auto accident victims can suffer, as they can lead to long-term disabilities and complications. For instance, bleeding on the brain could require immediate surgery, which has the potential to cause future medical concerns.
- Broken bones. Arms, legs, back, hips, feet and hands can all be fractured in an accident with another motor vehicle.
- Burns and abrasions. These are not always the most serious injuries, but in some cases, they can be devastating. Both of these injuries can cause a lot of pain, not to mention plenty of follow up treatments.
It can be imperative to receive immediate medical attention following any car accident in which you're involved, either as a driver or a passenger. Even if you don't think that you are dealing with an injury, you never know until a medical professional examines you. It could also help establish that your injuries are a direct result of the car wreck and did not arise from a separate, unrelated incident.
Depending on the circumstances, e.g., your injuries and who was at fault, you may be able to take legal action to pursue financial compensation. Doing so often begins with getting a thorough review of the accident, which could give you a clear idea of the next steps to take.
Slip and falls can happen to anyone. Even the former first lady.
If you heard that former first lady Hillary Clinton was injured on a recent trip to India, certain presumptions might spring to mind. You've heard stories about India's extreme heat and pollution. You may remember the 2008 attacks on high traffic, public destinations in Mumbai. Perhaps you've seen pictures of India's dangerous driving conditions. With all of these factors in mind, it might seem to you that just going outside could put your safety in jeopardy.
It might surprise you, then, to learn that Hillary Clinton's injury wasn't incurred in any of these ways. It occurred in her own hotel room. The former first lady slipped and fell in the bathtub of the Umaid Bhawan Palace, fracturing her wrist. The incident is a reminder that injuries can happen anytime, anyplace--even under seemingly benign conditions.
Although Ms. Clinton attributes the accident to clumsiness and is not taking legal action against the hotel, it begs the question whether such an incident could warrant a premises liability lawsuit. "Premises liability" refers to the legal responsibility of a property owner to keep its guests safe from harm. If injury occurs on the property, the injured party could file a lawsuit against the owner if they can demonstrate that:
- The owner is responsible for maintaining the property,
- The injured party had permission to be on the property and
- The owner did not make a good faith effort establish safe conditions.
Hotels have an obligation to provide a safe space for their guests. In the case of this accident, if the hotel failed to install handrails or anti-slip treads on the base of the tub, for example, the case could be made that the hotel was negligent in taking adequate steps to prevent injury.
We all run the risk of getting injured every day of our lives. However, if you suffer an injury on someone else's property, you may have grounds to take legal action and receive compensation.
Injuries on the way to work: Your rights in New York
Brooklyn is a beautiful area, but it would be a lie to say that it doesn't have its dangers. Sidewalks in disrepair, rough staircases and landscaping that needs attention can all create hazards that could lead to people getting injured.
As someone hurt on a walk to work, it's a good idea to know your rights concerning your injuries. If you were injured because of a property owner's negligence, then you may have a case and be able to receive compensation to cover your losses.
There are many ways to get hurt in the area. Here are a few that you need to watch out for.
1. Traffic accidents
As a pedestrian, you don't have protection against other vehicles on the roads. As a result, if a driver isn't paying attention, you could be struck and face serious or fatal injuries. To prevent this kind of crash from impacting you, always check the roadway in both directions and stay alert no matter where you are. Drivers have been known to drive onto sidewalks and into crowds. If you're paying attention, you could save yourself or someone else.
2. Damaged walkways
With construction, sidewalks and walkways sometimes end up damaged. You could slip, trip or fall on the debris or cracks. If that happens, there's a risk of serious injuries, like head injuries or broken bones.
To avoid injuries from damaged walkways or those under construction, do your best to pay attention to the areas where you're walking. Avoid looking at your phone or being distracted.
3. Animal bites
Whenever you're around others, there's a potential to be exposed to their pets. Many dogs become leash aggressive, being more prone to attack others when they're on a leash. When approaching people with pets, ask before you pet them and keep your distance if the animal is shying away or appears aggressive. If you're concerned about a pet up ahead, cross the road for safety's sake.
With so many different ways to get hurt on your walk to work, it's always a good idea to stay off your phone and to keep your eyes open for hazards. Between vehicles, environmental hazards, people and animals, there are a multitude of risks that you need to avoid. By paying attention and staying focused on your surroundings, you can prevent serious injuries and get to work without getting hurt.
Frequently asked questions: Hiring a lawyer after a crash
Being injured in a crash often means that you face a long journey back toward the life you had before the accident. In some cases, you might not ever get your life to return to how it previously was.
One area of your life that might be impacted when you are injured is your financial status. The cost of getting into an accident can be high. There are bills for doctor visits, medications, therapies and other costs related to your recovery. You might also have to purchase a new vehicle or fix the one involved in the crash.
The good news in all of this is that you may be able to get help with these financial difficulties by filing a personal injury claim. A seasoned personal injury attorney can help you learn more about this process and start the legal ball rolling. Below are a few things to remember when retaining an attorney after a crash.
Why should I hire a personal injury attorney?
The laws governing personal injury cases are complex. When you opt to make a claim for personal injuries, you must ensure that your case meets all the legal requirements. By hiring a personal injury attorney, you can take the guesswork out of the process.
Additionally, you can focus on healing while the attorney addresses the legal aspects of your case. Your lawyer can investigate the incident and work on solidifying the evidence needed to secure compensation. Many personal injury attorneys utilize consultants like accident reconstruction experts, medical personnel and other professionals to find and validate the facts of your accident claim.
How are these attorneys paid?
Most personal injury attorneys are paid on a contingency fee basis. This means they only get paid if you win your case. Instead, they keep a portion of the settlement or award. In most cases, a fee of one-third of the recovery is considered standard. Filing fees and similar costs are usually absorbed by the you, however, regardless of the outcome of the case.
What should I look for in a personal injury lawyer?
You should retain an attorney with whom you feel comfortable and confident speaking to and working with. Retaining an attorney who is equally effective in negotiating a settlement or taking your case to trial is important since you don't know how your case will get resolved. Examining the lawyer's track record in cases that are similar to yours can also help you decide if he or she is the right attorney for you.