Common Types of Personal Injury Cases in New York
Many factors contribute to the prevalence of personal injury cases in New York, including the state’s dense pockets of population, bustling cities, and extensive transportation networks. But personal injury claims don’t stop once you leave NYC and its suburbs. At Rusk, Wadlin, Heppner & Martuscello, LLP, our experienced personal injury attorneys represent accident and injury victims in Kingston, Ulster County, and across the Hudson Valley, helping them secure the compensation they deserve after getting hurt because of another’s negligence. Understanding the most common types of personal injury cases that occur can help you recognize when you may have a valid claim. Here we review some of the most frequent personal injury cases we encounter in New York. If you or a family member has been hurt by another’s negligent or wrongful acts, contact our office to speak with a skilled and knowledgeable Kingston personal injury attorney.
Car Accidents
Car accidents are one of the most common causes of personal injuries in New York. From the heavy traffic and congested roads of the city to the winding, narrow country roads upstate, collisions are frequent. Whether caused by distracted driving, speeding, or impaired driving, car accidents can result in severe injuries such as broken bones, head trauma, and spinal cord injuries. While New York’s no-fault insurance law covers a portion of medical expenses and lost wages for minor incidents, victims with serious injuries may be able to recover significant compensation for medical expenses, lost wages, and pain and suffering.
Slip and Fall Accidents
Slip and fall accidents occur when someone slips, trips, or falls due to a hazardous condition on someone else’s property. Common causes include wet floors, uneven surfaces, poor lighting, and cluttered walkways. Property owners have a duty to maintain safe premises, and when they fail to do so, they can be held liable for injuries sustained. Slip and fall accidents can result in serious injuries like fractures, sprains, and head injuries. New York laws vary by locality when it comes to accidents on public versus private property or sidewalks, so make sure to hire a local attorney who can advise you of the law in the municipality where the accident occurred.
Medical Malpractice
Medical malpractice cases arise when healthcare professionals provide substandard care that results in harm to the patient. This can include misdiagnosis, surgical errors, medication mistakes, and birth injuries, for example. Medical malpractice claims are complex and require a thorough understanding of medical standards and practices. Victims of medical malpractice may seek compensation for additional medical costs, loss of income, and pain and suffering. These cases require the victim’s attorney to consult with a medical professional and file an affidavit (certificate of merit) that the facts support filing a legal claim.
Construction Accidents
Construction sites are inherently dangerous places to work, and accidents can occur when safety regulations and practices are not followed. Common causes of construction accidents include falls from heights, machinery malfunctions, and getting struck by falling objects. Workers injured on the job may be entitled to workers’ compensation benefits, but they may also have grounds for a personal injury lawsuit if a third party’s negligence contributed to the accident. New York’s scaffold law also imposes absolute liability on property owners, developers and contractors for gravity-related accidents when proper protection is not provided.
Dog Bites
Dog bites can cause serious physical and emotional trauma, especially in children. In New York, the compensation recoverable in a dog bite case depends on whether the owner acted negligently and whether the dog was known to be vicious or dangerous. This confusing mix of legal standards often makes dog bite cases especially complex to handle. Victims of dog bites can pursue compensation for medical expenses, lost income, and emotional distress.
Product Liability
Product liability cases arise when a defective or dangerous product causes injury to a consumer. These cases can involve faulty machinery, contaminated food, dangerous drugs or defective medical devices, and just about any consumer product. Manufacturers, distributors, and retailers can be held accountable for ensuring their products are safe for use. Product defect cases can involve design defects, manufacturing defects, or marketing defects, which are also known as “failure to warn” cases.
Workplace Accidents
Workplace accidents can occur in any industry, not just construction. Common causes include machinery accidents, exposure to hazardous substances, and repetitive strain injuries. While workers’ compensation typically covers these injuries, there are circumstances where a personal injury lawsuit is appropriate, especially if a third party’s negligence is involved. Third-party liability cases often involve car accidents, premises liability, or defective product injuries on the job.
Bicycle and Pedestrian Accidents
Bicyclists and pedestrians are particularly vulnerable on New York streets and roads. Accidents involving these individuals often result in severe injuries due to the lack of protection compared to motorists. Common causes include driver negligence, failure to yield, and distracted driving. Victims can seek compensation for medical treatment, rehabilitation costs, and lost wages.
Wrongful Death
Wrongful death cases arise when a person’s death is caused by the negligence or intentional actions of another. These cases can result from car accidents, medical malpractice, workplace accidents, and more. The deceased’s family members can pursue compensation for funeral expenses, loss of income, and emotional suffering.
Help With Personal Injury Claims in New York’s Hudson Valley
At Rusk, Wadlin, Heppner & Martuscello, LLP, we are dedicated to helping injury victims in the Hudson Valley navigate the complexities of personal injury law. If you or a loved one has been injured due to someone else’s negligence, contact us today for a free consultation by calling 845-331-4100 in Kingston, 845-236-4411 in Marlboro, or 800-566-4101 across the Hudson Valley. Our experienced attorneys will work tirelessly to ensure you receive the compensation you deserve.
