Articles Posted in Premises Liability

Compensation-300x200Victims often turn to personal injury claims to recoup their losses after being injured in accidents. If the verdict is in the plaintiff’s favor, they can obtain a monetary award for their losses. One type of damage awarded to victims is called compensatory damages. Compensatory damages are designed to pay victims money to cover the costs related to their injuries and other losses. In other words, this type of damage is awarded to compensate plaintiffs for the actual losses they have suffered. For instance, if a careless motorist smashed into your car and totaled it, the compensatory damages would equal the fair market value of your vehicle when it was demolished, minus the salvage value or any usable parts. The two types of compensatory damages that courts can award to plaintiffs are special damages and general damages.

Special Damages 

Special damages are quantifiable and easily calculated because they are based upon the actual costs incurred by a victim because of the accident. These damages are intended to replace everything that was lost and nothing more. In addition to hospital bills and other medical expenses, victims can obtain compensation for damage to property, lost wages, and other related out-of-pocket expenses. The amount awarded to a victim is based on a set formula because these losses can be easily proven and verified by concrete evidence. Some other common examples of special damages include:

Choose-the-right-lawyer-300x200Victims suffer injuries in tens of millions of severe accidents every year, such as slips and falls, collisions, and dog bites. Most of these injuries are caused by someone else’s negligence or even recklessness. The consequences of being involved in an accident can range from serious personal injuries and post-traumatic stress disorder to the destruction of property and costly hospital bills. Over 40 million accident victims require medical care due to various personal injuries each year. If you or a loved one have been injured due to someone else’s negligence, you may be wondering what type of lawyer to call.

Personal Injury Attorneys Help Accident Victims

If you, or a family member, have been injured in an accident that was caused by another’s carelessness, a personal injury lawyer is someone who can provide you with legal representation. Personal injury lawyers specialize in tort law, including negligent and intentional acts. This type of attorney focuses on pursuing monetary compensation for accident victims through civil litigation. It is crucial to choose a lawyer who has significant experience litigating the type of injury related to your case.

Couple-Doing-Yardwork-200x300Loss of consortium is a term used in personal injury law that refers to the deprivation of the benefits of a family relationship because of injuries suffered in an accident. Under New York law, injured victims may be eligible to obtain monetary compensation for the loss of consortium and companionship. These claims are intended to remedy marital damages that the victim and their spouse have suffered. Loss of consortium claims are generally made when the injuries suffered are long-lasting, devastating, or debilitating. 

Who Can Bring A Loss Of Consortium Claim?

In New York State, spouses of injured victims can claim the loss of consortium or companionship. Unfortunately, this does not include life partners or significant others. If a spouse contributed financially to their household and family expenses, the claim might consist of loss of financial support. This amount is determined by the sum of money the spouse would have contributed to the family had they not been injured. 

Face-Wound-Dressing-300x200Unfortunately, even after an accident victim’s initial pain subsides, they could be left with permanent scarring and other disfigurements. Most scarring is caused by damage to the skin, such as scratches, abrasions, and puncture wounds. Depending upon the severity and location of the scar, it can significantly impact a victim’s ability to work and even perform routine tasks. Besides being a constant reminder of the traumatic injury, even the slightest alterations in a victim’s appearance can bring about overwhelming depression and emotional pain. Victims with scars in prominent places, such as the head, face, neck, or hands often struggle with terrible self-esteem and anxiety.  

Leading Causes Of Scarring And Disfigurement

The impact of scarring and disfiguring injuries can last the victim’s entire lifetime. Scarring is a normal part of the healing process. Just about any wound, burn, or other trauma, such as surgery, can result in scar tissue. After an accident, the most common types of scarring and disfigurement injuries include:

Woman-with-back-injury-300x200In the wake of an accident, it can take victims who have suffered from herniated or bulging discs weeks or even months before these injuries become problematic. Consequently, back and spinal cord injuries are regularly overlooked and undiagnosed. Unfortunately, failure to detect bulging discs can result in long-lasting pain and suffering. A herniated or bulging disc occurs when one of the rubbery cushions positioned in-between the bones that make up the spinal cord is shifted out of alignment. While any region of the spine can endure a herniated disc, this type of injury tends to arise in the lower back. 

What Are Common Causes Of Disk Herniation?

Numerous personal injury accidents and mishaps can cause herniated and bulging discs. The most frequent causes include:

Leg-Cast-with-Crutches-300x200Approximately 40 million accident victims require medical treatment for an assortment of personal injuries each year. With numerous types of accident-related damages, some have the potential to drastically alter victims’ lives forever. Most personal injuries result from accidents involving another’s negligence. Unfortunately, negligence can cause innocent victims to suffer severe injuries, which lead to costly hospital bills, rehabilitation, pain and suffering, and lost wages from missing work.  

The Five Most Prevalent Types Of Personal Injury Accidents

  1. Car Crashes: Car accident claims are the most common personal injury cases in Buffalo, New York, and throughout the country. Every year, millions of victims sustain severe injuries due to car crashes. Collisions are often caused by careless or irresponsible driving practices, such as distracted driving, driving while sleep-deprived, driving under the influence, and speeding.  

sm-Woman-sees-doctor-for-a-bad-headache-300x200A head injury that disrupts the regular functioning of the brain is known as a traumatic brain injury (TBI). Head injuries are a significant cause of disability and death. Approximately 2.9 million victims suffer traumatic brain injuries in the United States each year. Even relatively minor brain injuries can have catastrophic effects on a victim. According to the Centers for Disease Control and Prevention’s (CDC) most recent available data, there were nearly 61,000 TBI-related fatalities in 2019 alone. That is roughly 166 deaths per day. While anyone can suffer a head injury, figures suggest that children and elderly adults are at the most significant risk. 

What Are The Most Common Causes Of Head Injuries?

Traumatic brain injuries can be caused by a bump, blow, or jolt to the head. However, not all brain injuries involve contact. The most common causes of traumatic brain injuries include:

SUMMER-CAMP-1-300x200With over 12,000 summer camps operating throughout the country, over 6 million children participate in day or overnight camps each year. Summer camp is an excellent way for parents to keep their kids active and entertained while school is out. With camps providing adventures for children of all ages, there is no doubt that lots of unforgettable memories are made. However, serious accidents and resulting injuries can devastate children’s camping experiences and lead to permanent disfigurements, pain and suffering, and even life-long disabilities.

Common Types Of Summer Camp Mishaps

Summer camp allows children the opportunity to try new things and enjoy the great outdoors. Most people associate camp with bonfires, kickball tournaments, archery practice, and scavenger hunts, not to mention swimming at the pool or lake. Along with all the fun also comes its fair share of risks. There are numerous dangers which your child could encounter. The most common incidents that result in severe injuries at camp include:

Deadline-1-300x200
Suppose you were unfortunate enough to suffer injuries due to the negligence of a government employee or an unsafe condition on municipal property. In that case, the notice of claim requirements could significantly impact your ability to recover compensation. In New York State, it is possible to pursue a personal injury case against a government agency or municipality. However, you must file a notice of claim against the town, city, county, or state within 90 days of the incident. Additionally, a lawsuit is required to be filed within 15 months.

Information that Should be Included in your Notice of Claim 

If you suffered injuries due to negligent public entities, you might be surprised to learn of the written notice requirement. Not only are you required to file a notice of claim before the deadline, but your notice must contain detailed information, including:

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