To win a personal injury case, it must be proven that the person who caused your accident is at fault for what happened to you under the law. This requires demonstrating multiple elements with clear and convincing evidence. Here’s how courts determine culpability and how to get qualified legal help from a personal injury lawyer in Queens, NY.
How an Accident Injury Lawyer in Queens, NY Establishes Liability
1. They Prove Duty of Care
First, it needs to be established that the person who injured you had a duty of care towards you. This means they had a responsibility to exercise caution to protect your safety. For example, grocery store managers have a duty of care to ensure their facility is reasonably safe for people.
2. They Show That Someone Breached Duty of Care
Next, a lawyer will illustrate how the person breached their duty of care. Using the example above, if the store manager notices a spill on the floor and doesn’t clean it up, they have created an unsafe environment and breached their duty of care towards both patrons and employees.
When you’ve been hurt in an accident, you can seek financial restitution from the at-fault party for the losses you’ve experienced. Read on as a personal injury lawyer from Queens, NY explains the different ways you’re entitled to compensation.
1. Economic Damages
Economic damages refer to aspects that have a direct financial impact on the injured person.
Medical Expenses
Recovery includes medical expenses already paid for by you as a result of injury but can also account for future ongoing costs for treatment. For example, you’ll want to keep records of your bills for:
- Examinations
- Medication
- Medical devices
- Surgery
- Physical therapy rehabilitation
How to Get Guardianship of an Adult in New York
New York allows adults to file for legal guardianship of other adults who risk harm because they can’t care for themselves independently. Find out how a guardianship lawyer can help you get guardianship of an adult in New York if you have a family member or loved one in this situation.
1. Determine If Your Family Member Qualifies
You can only get guardianship of an adult if the court agrees that the person could be in danger because they can’t care for their personal needs or property. For example, they may have physical or mental disabilities that keep them from paying bills, preparing meals, or seeking necessary medical care. When you file a case, the court refers to the individual as an “alleged incapacitated person.”
The sudden loss of a loved one is an unimaginably painful experience, and it’s even worse when someone else’s negligence led to your loved one’s death. In a case like this, it’s natural to want to deal first with the immediate sorrow of loss and put off any thoughts of a lawsuit: but how long do you have to file a wrongful death lawsuit? A wrongful death attorney can help you understand the importance of the statute of limitations, which is the timeframe within which you must file a lawsuit.
How Long Do You Have to File a Wrongful Death Lawsuit?
Two-Year General Rule
In most wrongful death cases in New York, the statute of limitations is two years from the date of the deceased’s death. This means you have two years to initiate a legal action against the party responsible for your loved one’s passing. Missing this deadline typically means you will not be allowed to seek compensation at all.
How Do You Prove Wrongful Death?
The sudden, unexpected loss of a loved one is a heart-wrenching experience, and in situations where your loved one’s death resulted from another’s negligence or wrongdoing, the pain is even greater. Hiring a wrongful death attorney in New York may offer a path to justice and financial compensation, but how do you prove wrongful death?
How Do You Prove Wrongful Death?
To successfully pursue a wrongful death claim in New York, there are four things that must be established:
Duty of Care
The defendant must have owed a legal duty to your loved one. This means they had a responsibility to act with reasonable care to avoid causing harm. For example, a doctor has a duty to provide appropriate medical care, while a driver has a duty to obey all traffic laws and drive safely given the weather conditions.
How to File a Wrongful Death Lawsuit
One of the most challenging things we’ll all deal with in our lifetime is the death of a loved one, which can be even more devastating when their death was due to negligence or otherwise wrongful. You may be wondering how to file a wrongful death lawsuit or if you even have a claim. A wrongful death attorney can help you navigate this difficult time so you can focus on grieving while fighting for justice for your loved one.
How to File a Wrongful Death Lawsuit
Consult an Attorney
The first step in exploring whether you can file a claim is consulting with an attorney who has experience navigating wrongful death cases. Your attorney will be able to determine whether your case meets the legal requirements to bring a wrongful death suit, gather evidence, navigate the court system for you, and fight for any financial compensation to which you may be entitled.
Who Can Sue for Wrongful Death?
Losing a loved one is devastating regardless of the circumstances, but if a negligent or malicious act caused their death, the weight of the loss may feel even more crushing. Not only are you trying to grieve your loved one, but you also have questions like “Can I sue the at-fault party on my loved one’s behalf?” and “How do I file a wrongful death lawsuit?” that need to be answered. Keep reading to learn how a wrongful death attorney can help determine who can sue for wrongful death in New York.
Who Can Sue for Wrongful Death?
Who can file a wrongful death lawsuit varies by state, and many states allow the deceased person’s family members to present the lawsuit in court. In New York, wrongful death lawsuits can only be brought to court by a personal representative or executor of the deceased party’s estate. Unless a family member is the designated executor, another individual will have to introduce the claim in court.
Who Gets the Money in a Wrongful Death Lawsuit?
After the heartbreaking loss of a loved one, the last thing you want to think about is money. Unfortunately, if someone’s negligence or recklessness was responsible for your loved one’s death, there’s no avoiding it. While it may feel unpleasant to ask who gets the money in a wrongful death lawsuit, it’s a crucial question and one you’ll want to know the answer to before beginning the process of suing the at-fault party. A wrongful death attorney can help guide you through the legal process of determining who gets the money.
Who Gets the Money in a Wrongful Death Lawsuit?
The New York statutes addressing wrongful death lawsuits are intended to offer compensation to individuals who have suffered the loss of a loved one due to a negligent or malicious act. The relationship between the deceased and the possible recipient often determines the distribution of funds.
Usually, compensation will be awarded proportional to the economic loss the recipient faces because of the fatality. This distribution of compensation from a wrongful death lawsuit will be defined in settlement agreements. The surviving spouse and any children are typically the primary recipients. However, if the decedent financially supported others, they may also be included.
What Happens If a Pedestrian Caused an Accident?
With the bustling foot traffic of New York City, accidents involving pedestrians are more common than they might be elsewhere. While crashes are usually blamed on drivers, there are situations where pedestrians themselves contribute to accidents. If you find yourself in such a situation, consulting with a pedestrian accident lawyer can help you understand your rights and options. So, what happens if a pedestrian caused an accident?
What Happens If a Pedestrian Caused an Accident?
Contrary to popular perception, pedestrians can cause accidents, or at least be partially responsible for them, and New York law holds them accountable when they do. New York law imposes a “duty of care” on all individuals, including pedestrians, which means everyone must act reasonably, obey traffic laws, and avoid foreseeable harm to themselves and others.
Every year, motor vehicles kill around 300 pedestrians and injure 15,000 in New York State. A car hitting a pedestrian can be a life-changing event for everyone involved. It could mean hospitalization, disabling injuries, and a mountain of medical debt for the person struck and a costly lawsuit for the driver. Often, the vehicle’s driver is legally liable for the collision, but that isn’t always the case. One of the first steps can be seeking the help of a pedestrian accident attorney and consulting on if you may have grounds for a lawsuit.
How Is Liability Determined in New York State?
In a collision, legal liability can be established by determining which party, if any, acted negligently. Whether walking or driving, everyone using public streets has an obligation under the law to act with due care. Among other things, this means paying attention to one’s surroundings and following all applicable laws. If someone breaches their duty of care, they may be considered negligent and therefore liable for any harm that results.
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