Personal Injury Cases
After being seriously injured in an accident in New York, you may be concerned about how you will afford the necessary medical treatment and rehabilitation. You may also be worried about taking time off from work. At Klose & Associates, experienced Rockland County personal injury lawyer Peter Klose can handle lawsuits arising out of car accidents, truck accidents, motorcycle crashes, pedestrian accidents, construction accidents, and legal and medical malpractice, among other situations.Bringing a Personal Injury Claim in New York State
New York's No-Fault Law applies to drivers, cyclists, pedestrians, and passengers in cars that are struck by another motor vehicle. No-fault insurance coverage pays for basic medical expenses and other economic losses up to a certain limit. In order for no-fault coverage to kick in, the accident must happen in New York, and the injured person must be a driver or passenger of an insured vehicle or a pedestrian or bicyclist who is struck by an insured motor vehicle. The vehicle must be covered by the no-fault law, the vehicle must be registered in New York, and the vehicle must have an insurance policy that is sold in New York or issued by an insurer licensed to do business in the state.
It is possible to bring a bodily injury lawsuit in spite of no-fault coverage when a legally defined “serious injury” is sustained. Most personal injury lawsuits arising out of a motor vehicle accident are based on principles of negligence. If you are seriously injured, you will need to show that the defendant owed you a duty of care but breached this duty of care. There must have been causation and actual damages. For example, if another driver was speeding and swerved into your lane, causing a crash that resulted in your being permanently paralyzed, you could likely establish negligence. Other breaches of duty could include distracted driving, texting while driving, drunk driving, driving under the influence of drugs, aggressive driving, tailgating, and failing to obey traffic signals and signs. A personal injury attorney can assist Rockland County residents with proving negligent conduct by the other driver.
Trucking accidents are slightly different from many other motor vehicle accident cases. Often, a commercial trucking accident happens while the driver is on the job. You may be able to hold an employer vicariously liable for your injuries arising from a truck accident. Additionally, a trucking company's own negligence in hiring, supervising, or training a truck driver may subject it to direct liability for the accident.
Often, serious injuries occur on construction sites. While your only remedy against your employer may be workers' compensation, you may have a third-party personal injury claim against another contractor or subcontractor whose negligence caused your injuries and who is not your employer.
Special rules apply to scaffolding accidents and other gravity-related accidents. New York Labor Law Section 240 provides protections for workers who must work at heights. Workers at heights are supposed to have certain safety measures taken and be given appropriate safety equipment to prevent fall injuries. A Rockland County personal injury attorney can help an injured worker try to hold an owner or contractor liable for gravity-related injuries during the construction or erection of most types of structures, based on a failure to provide the appropriate safety equipment. Unlike most other personal injury lawsuits, a worker's comparative negligence will not reduce their recovery. A worker must be 100% responsible for their own injuries in order to be barred from recovering damages from an owner or contractor for gravity-related injuries arising from a lack of safety measures or equipment.
Medical and legal malpractice lawsuits require a plaintiff to prove that there was a breach of the professional standard of care and that it caused their injuries. In most cases, it is necessary to retain a credible expert to opine on the accepted standards and practices that constitute the professional standard of care, whether the defendant breached this professional standard, and whether the breach caused the plaintiff's harm or losses.Consult a Knowledgeable Personal Injury Lawyer in the Rockland County Area
If you were injured due to the fault of another person or entity, you should hold that defendant accountable through a personal injury lawsuit. Klose & Associates represents Rockland County residents and other clients in connection with motor vehicle accidents, medical and legal malpractice, defamation, construction accidents, ladder and scaffolding accidents, and pedestrian accidents, among other cases. We represent people in communities such as White Plains, Yonkers, Mount Vernon, New Rochelle, Peekskill, Rye, Nyack, Ramapo, Orangetown, Hempstead, Stony Point, Spring Valley, and New City. Contact us at (845) 727-7727 or via our online form. We also can assist people who need a real estate lawyer or representation in other civil matters.