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Personal Injury

New York City Personal Injury Attorney

Fighting For Injury Victims in New York

Personal injury law encompasses legal matters involving physical, emotional, or psychological harm caused by another party's negligence, recklessness, or intentional actions. These cases typically arise from various incidents such as car accidents, slip and fall accidents, medical malpractice, defective products, and more. Personal injury law aims to compensate injured individuals for their losses, including medical expenses, lost wages, pain and suffering, and other damages.

In personal injury cases, having competent legal representation is paramount to seeking a favorable outcome. Skilled attorneys possess the knowledge, experience, and resources to advocate for their clients and pursue fair compensation for their injuries. They can navigate the legal process with efficiency.

Schotter Millican, LLP can assist you with your personal injury cases because we have established a strong relationship with personal injury attorneys who may be able to provide the representation you are seeking. 

Parties injured in New York City can learn more about their options by calling our personal injury lawyer in New York City at (718) 550-0610 or contacting us online.

Personal Injury Cases We Handle

Personal injury cases arise when individuals suffer harm due to the negligence or wrongful actions of others. These incidents can occur in various settings, from roadways to healthcare facilities and even within the consumer market. Understanding the different types of personal injury cases is essential for individuals to recognize their rights and seek appropriate legal recourse in the event of an injury.

Examples of personal injury matters include the following:

  • Motor vehicle accidents. These incidents occur when drivers fail to exercise reasonable care, leading to collisions that injure occupants, pedestrians, or cyclists. Common injuries sustained include whiplash, fractures, traumatic brain injuries, spinal cord injuries, and soft tissue injuries.
  • Slip and fall accidents. Slip and fall accidents often occur on premises such as sidewalks, parking lots, stores, and private properties. These incidents typically result from hazardous conditions such as wet floors, uneven surfaces, inadequate lighting, or obstacles obstructing walkways. Property owners and managers must maintain safe premises. They may be liable for injuries sustained by individuals who slip, trip, or fall due to negligence.
  • Medical malpractice. Medical malpractice occurs when healthcare professionals breach the standard of care, harming patients. Negligent acts or omissions by doctors, nurses, surgeons, or other medical personnel can lead to misdiagnosis, surgical errors, medication mistakes, birth injuries, and other adverse outcomes.
  • Product liability. Product liability cases arise when defective or dangerous products cause harm to consumers. Errors can include design, manufacturing, or marketing defects that render a product unreasonably unsafe for its intended use. Defective products may include faulty automobile parts, contaminated foods, unsafe children's toys, or hazardous pharmaceutical drugs.
  • Construction accidents. Construction accidents often stem from negligence or unsafe working conditions. These incidents can lead to severe harm, including fractures, traumatic brain injuries, and fatalities, impacting both workers and bystanders on construction sites. Pursuing compensation for such injuries through personal injury claims may involve legal challenges, highlighting the necessity for robust safety measures and oversight in the construction industry.

Personal Injury vs. Workers’ Compensation

Personal injury and workers’ compensation are both legal avenues that individuals may pursue to seek compensation for damages incurred due to an accident or injury. While they share the goal of providing financial relief to injured parties, they operate under distinct legal frameworks and eligibility criteria.

Workers’ compensation benefits are available to employees who sustain injuries or illnesses while performing job-related duties, regardless of fault. 

Personal injury claims are fault-based and require the injured party to establish that another party's negligence or recklessness caused their injuries. Victims seek compensation from the at-fault party or their insurance company for damages such as medical bills, lost income, pain and suffering, and other losses.

How Can a New York Slip and Fall Attorney Help You?

Slip and fall accidents can occur unexpectedly and often result in serious injuries, ranging from broken bones to traumatic head injuries. In bustling urban environments like New York City, where sidewalks can be crowded and surfaces uneven, these incidents are unfortunately quite common. If you've experienced a slip and fall injury in New York City, seeking legal assistance from a skilled New York City slip and fall injury lawyer can be crucial in helping you navigate the complexities of the legal system and obtain the compensation you deserve.

One of the primary ways a slip and fall injury lawyer can assist you is by determining liability. In New York City, property owners have a legal obligation to maintain safe premises for visitors. If it can be proven that the property owner's negligence, such as failure to address hazardous conditions like wet floors or icy sidewalks, contributed to your accident, you may be entitled to compensation for your injuries. A knowledgeable lawyer will investigate the circumstances surrounding your slip and fall incident, gather evidence, and identify all potentially liable parties, whether it's a property owner, landlord, or business establishment.

Additionally, a skilled slip and fall injury lawyer can help you navigate the complexities of New York's legal system. From filing the necessary paperwork to negotiating with insurance companies and representing you in court if a settlement cannot be reached, having legal representation can alleviate much of the stress and uncertainty associated with pursuing a personal injury claim.

Furthermore, a New York City slip and fall lawyer will work tirelessly to ensure that you receive fair compensation for your injuries. This may include seeking damages for medical expenses, lost wages, pain and suffering, and other losses you've incurred as a result of the accident. By advocating for your rights and best interests, a slip and fall injury lawyer can help you achieve the financial security you need to focus on your recovery and move forward with your life.

Common Injuries in Medical Malpractice Cases

Medical malpractice can lead to many injuries, some of which can have lifelong consequences. Here are some common injuries that can arise from medical malpractice:

  • Misdiagnosis or Delayed Diagnosis: When a medical condition is misdiagnosed or diagnosed too late, the patient may not receive the necessary treatment in time, worsening health outcomes. This can be particularly severe in cancer, infections, or heart conditions.
  • Surgical Errors: Mistakes during surgery, such as operating on the wrong site, leaving surgical instruments inside the body, or causing damage to surrounding tissues and organs, can lead to severe complications and require additional surgeries.
  • Medication Errors: Incorrect prescriptions, dosage mistakes, or administration of the wrong medication can cause adverse drug reactions, worsening of the medical condition, or even death.
  • Birth Injuries: Errors during childbirth, such as improper use of forceps or failure to monitor the baby's vital signs, can result in conditions like cerebral palsy, brachial plexus injuries, and other permanent disabilities.
  • Anesthesia Errors: Incorrect administration of anesthesia can lead to brain damage, nerve damage, or even death due to lack of oxygen or overdose.
  • Infections: Failure to maintain sterile environments or properly treat post-operative infections can cause serious health issues, including sepsis or chronic infections that are difficult to manage.

What Damages Could Be Recovered in a Medical Malpractice Claim?

Victims of medical malpractice have the right to seek compensation for the damages they suffer. The damages recovered in a medical malpractice claim can be categorized into economic, non-economic, and, in some instances, punitive damages.

Economic Damages

Economic damages cover the financial losses directly related to the malpractice. These may include:

  • Medical Expenses: This includes costs for additional surgeries, hospital stays, rehabilitation, physical therapy, medication, and any future medical care required due to the malpractice.
  • Lost Wages: If the malpractice caused the victim to miss work, they could recover compensation for lost income. This also extends to loss of earning capacity if the victim can no longer work or must take a lower-paying job due to their injuries.
  • Out-of-Pocket Expenses: These include any other expenses incurred due to the malpractice, such as transportation costs for medical appointments, home healthcare services, and modifications to the home to accommodate disabilities.

Non-Economic Damages

Non-economic damages compensate for the more subjective, non-financial impacts of the injury. These may include:

  • Pain and Suffering: Compensation for the physical pain and emotional despair caused by the malpractice. This can cover ongoing pain, suffering from additional surgeries, and the trauma of the experience.
  • Loss of Consortium: If the malpractice affects the victim's relationship with their spouse, compensation can be sought for loss of companionship, affection, and sexual relations.
  • Loss of Enjoyment of Life: This includes compensation for the reduced ability to enjoy daily activities, hobbies, and other aspects of life that the victim enjoyed before the malpractice occurred.
  • Punitive Damages: In cases where the healthcare provider's conduct was particularly egregious or reckless, punitive damages might be awarded. These damages are intended to punish the defendant and deter similar conduct in the future. Punitive damages are less common and require clear evidence of willful misconduct or gross negligence.

Contact Our Personal Injury Lawyer in New York City Today

While workers’ compensation and personal injury cases may seem similar, they require distinct approaches and legal insights. While we  primarily practice workers’ compensation law, we are always advocating for injured workers' rights and pursuing deserved benefits for all who may have a personal injury need. 

Contact us if you are seeking assistance with a personal injury matter. We help victims access experienced attorneys who may be able to provide the dedicated advocacy and support you deserve.

At Schotter Millican, LLP, we assist those with New York City personal injury cases in finding appropriate resources for their needs. For expert guidance, reach out to our New York City personal injury attorney at (718) 550-0610 or online.

Why Choose Schotter Millican, LLP?

  • We'll Be Your Resource
    Workers' Compensation can be confusing, but we're here to make sure you have everything you need.
  • When Others Quit, We Persist
    We'll push farther for our clients - when other firms may throw in the towel, we'll dig in deeper.
  • Activism Backed With Heart
    We have been involved in worker activism for decades, and we care deeply about you and your case.
  • We're Used to Winning
    Our attorneys have a long history of large appellate wins, so you can feel confident in our experience.
  • Videography Training for IME

    You will be trained by us to know how to videotape the independent medical examinations (IME) to protect your rights.

  • We Take Complex Cases
    We're not afraid of a challenge, and we'll use our experience to win even the most complicated cases.

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