1) What are the settings that most
frequently result in a personal injury suit?
back to
top
Actually, accidents can occur virtually
anywhere, but among the settings where injuries most
often appear include: motor vehicle collisions, cracked
or sloping sidewalks, dangerous stairways, construction
sites, using defective products, uneven elevator landings,
slippery store aisles, unsecured building entrances,
snow and ice patches, the workplace, and many others.
2) What is meant by the term "Statute
of Limitations" and what is the time period for
personal injury actions?
back to
top
It is a time period established by
the state law, during which your suit must begin.
Generally, the time frame is measured from the date
of the accident. Courts demand strict compliance with
the Statute of Limitations, thus, failure to bring
your timely action normally results in the loss of
your case. In New York State, most personal injury
cases have a three year Statute of Limitations, calculated
from the date of the accident. However, there are
specialized cases with shorter time frames (i.e. medical
malpractice - two and a half years; and wrongful death
- two years.)
3) If I am injured by tripping on
a cracked or uneven sidewalk, who is responsible?
back to
top
In most situations, the suit is brought
against the Municipality where the accident occurred.
However, if the adjacent property owner did something
to create an unsafe condition on the sidewalk, then
they may also be liable. A Notice of Claim must be
filed within 90 days from the accident. Failure to
file a Notice of Claim within this time frame normally
means your suit will be dismissed. In addition, the
case must be started within one year and ninety days
from the accident date.
4) If I am injured by slipping in
a store or mall, do I have an action?
back to
top
If a floor or aisle is greasy, wet
or slippery from foodstuffs or produce, or cluttered
with inventory boxes, causing a customer to slip and
fall resulting in an injury, then usually an action
against the store owner exists.
5) Is it true my recovery is limited
under the "No-Fault" law regarding motor
vehicle accidents?
back to
top
Yes, in a non-serious auto related
accident, New York State's complicated "No-Fault"
law limits a victim's recovery essentially to lost
wages, medical costs and out of pocket expenses, up
to a maximum of $50,000.
6) Then, what is a "serious
injury" under the "No-Fault" law?
back to
top
By definition, a "serious injury"
falls into several categories, among them: scars,
fractures, permanent injuries, temporary limitations,
organ impairment, dismemberment, or, ultimately, death.
A victim suffering a "serious injury" may
recover for pain and suffering, in addition to medical
expenses and lost wages.
7) Is a personal injury award taxable?
back to
top
No. Federal and State Tax Laws do
not apply to personal injury awards or settlements.
8) If a product causes an injury,
is the manufacturer liable?
back to
top
Normally, yes, since under the law,
a manufacturer must not make or put into the consumer
market products that create an unreasonable risk of
harm to the user.
9) How do you define "Medical
Malpractice" and what are the most frequent types?
back to
top
This action results when medical
procedures deviate from the normally accepted medical
standards, which results in a personal injury to the
patient. Of special concern is the shorter Statute
of Limitations (two and a half years) for this category
of cases. Medical Malpractice suits encompass several
recurring areas including: unnecessary surgical procedures,
incorrect diagnosis, birth/delivery defects, medical
objects left in the body and medical treatment performed
without consent.
10) What is a wrongful death action?
back to
top
It is a lawsuit brought by potential
beneficiaries, usually family members, of the deceased
who was killed by the negligence or wrongful conduct
of another party. A common example occurs when a parent
is fatally injured in a crash and the action is brought
on behalf of the surviving spouse and/or the children.
|
