New York Personal Injury Lawyer

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If you have been the victim of a personal injury, you need an attorney to fight for you. There are many different types of personal injury cases, ranging from auto accidents to medical malpractice. In all cases, however, the claimant must prove that they were injured and that the injury is the result of the negligence of the defendant.

A personal injury is defined as an injury to the emotions, mind, or body, juxtaposed to an injury to a piece of property. It usually is referred to a lawsuit that involves a plaintiff has been injured due to another person's carelessness. There are many different types of personal injuries, including tripping accidents, assault claims, dog bites, accidents at work, accidents in the home, holiday accidents, medical and dental accidents, and defective product accidents. A personal injury is not only physical in nature, but it can also be an industrial disease case. These include occupational stress, contact dermititis, mesothelioma and asbestosis, chest diseases, vibration white fingers, and repetitive strain injuries.

Personal injury laws in New York place the burden of proof on the plaintiff. Your attorney must prove that the accident caused your specific injuries and that the plaintiff breached the duty owed to you. In many situations in life, we all have a duty to act responsibly and safely. When we do not, and someone or something is damaged as a result, we can be held responsible.

Some cases are settled and never see the inside of a courtroom. The whole process from the initial steps of the investigation all the way to court hearings can be daunting. Having a personal injury lawyer on your side fighting for you makes it a bit easier.

A recent case entailed the defendants as failing to monitor the progress of the plaintiff's labor properly but not performing follow-up internal examinations, failing to accurately interpret fetal heart monitor strips, failure to augment the labor with pitocin, failing to diagnose fetal distress, the failure to perform a Caesarean-section promptly, as well as the failure to respond to fetal bradycardia.

An average of 11,200 accidental injuries that are considered disabling take place every hour every year. The most common accident at construction sites are falls. And, every year about 11,000 people in America suffer from a traumatic spinal cord injury, which many will turn into permanent disabilities. About 6,500,000 construction workers were active in 1995 in the United States. Out of those, there were 1,040 construction related deaths and 350,000 disabling injuries. The part of the body that is the most commonly injured is the back, as they account for about 25% of all work-related injuries.

Even if you are in the hospital or unable to get out of bed, you can request a consultation and an attorney will come to you. Many attorneys will take personal injury cases on contingency, so you do not need to have money up front to finance your case. The lawyer or firm will take care of court costs and expenses, and will even help you find doctors who will wait for payment. These costs, as well as your attorney's fees, are paid after your case is won. If you lose your case, you do not have to pay the attorney but you may be responsible for some of the costs.

Make sure that any attorney you hire is a member of the New York Bar Association and the American Bar Association.

It's important to be comfortable with your lawyer of choice, because they help to alleviate your stress by dealing with most of the legal proceedings of a personal injury case. This way you can focus on your recovery while they focus on getting you fair compensation.


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