Text Us Now at 917.496.8342 for an Immediate Response from our Office Legal Team (24 hours a day/7 Days a Week)
Dervishi Law Group P.C.
Attorney Advertisement: Prior results do not guarantee similar outcomes.
FREE CASE EVALUATION
Call Us Today (917) 300-0797, 212-235-1447, 800-659-9318 & (718) 619-4525
Google plusFacebook TwitterLinkedinRss feedYou Tube Tumbler Pinterest Flickr

Archive for October, 2016


Car accident
In all car accidents, it is important to prove who is liable for the accident. Several factors determine who is liable for the injuries resulting from a car accident.

Motor Vehicle Laws

Every state has passed laws regulating the way drivers must operate their vehicles on public roads. These laws are the result of legislative initiative and are important in determining negligence in an accident.
 

  • Negligence
    • Negligence is the failure to excercise a degree of care that, in the circumstances, resulted in harm or damage to people in a car accident.
  • Recklessness
    • The person knew (or should have known) that his or her action were likley to cause harm.
  • Intentional misconduct
    • Intentional misconduct is the willful disregard for the safety and welfare of others.

 
 

Who is at Fault?

Final determination of who is at fault is established after a police report is reviewed and insurance companies have negotiated. It is important to contact an experienced accident attorney for serious motor vehicle accidents.

Get in Touch with Experienced Lawyers at Dervishi Law Group, P.C.

At Dervishi Law Group, P.C., we have extensive experience in handling all types of motor vehicle accident claims throughout New York State. We will investigate your case with skill and determination.

 

brain injury lawsuits

Brain injuries are caused by physical trauma, such as a bump, penetration, blow or shake from major accidents. It can disrupt the brain’s normal functioning and prevent an individual from performing regular work. Often, brain injuries lead to long-term or permanent physical or mental impairment.

If you or a loved one has suffered a brain injury due to someone else’s negligence or intentional conduct, you may be entitled to compensation. Brain injury victims can file a lawsuit against the parties that are legally liable for the injury, such as drivers, vehicle owners, premises owners, product manufacturers, contractors, etc.

Legal Basis of Your Case

Understanding the legal theory on which your case is based, will dictate what you need to prove in order to win the brain injury lawsuit. Brain injury claims may proceed under negligence and product legal theories.

  1. Negligence:

In a negligence claim, a plaintiff must prove that the party (defendant) they are suing is liable for the injury. In order to file a successful claim, the plaintiff must prove the following:

  • The defendant is required by law to be reasonably careful I.e. The defendant owed you a “duty of care.”
  • The defendant failed to act with reasonable care.
  • The defendant’s action (or inaction) was the cause your injuries.
  • You suffered injuries and/or losses that are measurable under the law.
  • The head injuries are not pre-existing.

Product liability

If the use of a defective or dangerous product caused your brain injury, you can pursue a claim under a product liability legal theory. You can sue the manufacturers of the product, retailers, distributors or other liable parties.

Monetary Damages for Brain Injuries

Monetary damages awarded in a brain injury lawsuits depend on the extent or severity of the injury. Plaintiffs may receive two basic types of damages, special damages, and general damages.

Special damages include:

  • Present and future medical expenses
  • Lost income
  • Lost earning capacity due to the injury
  • Long-term treatment/rehabilitation expenses
  • Property damages

General damages include:

  • Pain and suffering
  • Shock and mental anguish
  • Emotional distress
  • Loss of reputation
  • Loss of companionship and society

Contact Dervishi Law Group, P.C.

If you or a loved one has suffered a brain injury, brain injury attorneys at Dervishi Law Group, P.C. can assist you. We evaluate your case and successfully pursue claims on your behalf.

 

If you have been injured in a construction accident, it is important to hire an experienced construction accident attorney. An attorney will have the knowledge and experience to assist you in a construction accident case. Watch the slideshow to know how a construction accident lawyer can help you.

New York Personal Injury Attorney
Click here to Download

 

Construction Accidents

Many people are injured on construction sites every day, including non-employees and innocent bystanders. Some injuries can be serious and some fatal. Construction accident cases involving non-employees are treated like normal personal injury cases. This means that the injured persons can file a lawsuit against the liable parties, such as general contractors, sub-contractors, property owners and negligent employees.

Elements to prove

Non-employees or bystanders, such as pedestrians or people driving by the construction sites may sustain injuries from falling debris, structural collapse, fires, electrocution, and other hazards. If the parties in charge of the construction site failed to follow safety measures in keeping the construction site safe, they may be held liable for injuries suffered. In order to file a lawsuit against the responsible parties, injured parties must prove that:

  • The parties acted negligently or intentionally
  • The accident caused the injuries

Claiming compensation

Non-employees who suffer injuries from a construction accident can pursue damages by filing a personal injury claim. The amount of compensation depends on the severity of the injury and financial losses sustained as a result of the accident. Injured victims can claim compensation for:

  • Medication costs: This is a reimbursement for all the medical expenses incurred from the time of the accident, to the present day. It includes medical treatment, prescription drugs, medical examinations, hospitalization, travel expenses, out of pocket expenses, and rehabilitation costs. It is important to keep all the receipts for any purchases related to your injury and treatment.
  • Loss of earnings: This compensates for lost wages and earnings suffered as a result of the injury, from the day of the accident to the present day, as well as future earning capacity. Lost income should be verified by the injured victim’s employer.
  • Pain and suffering: This compensation is awarded for pain and discomfort suffered as a result of the accident. Pain and suffering damages depend on the type of injury and how long one takes to recover.
  • Wrongful death: This damage is awarded when the case involves loss of life. It covers funeral expenses and compensates deceased relatives for the loss of income, loss of love, companionship and more.

The Statute of Limitations

Generally, personal injury claims are made within three years from the date of accident or injury. After this period, you may lose your right to sue.

Injured in a construction accident? Contact Dervishi Law Group, P.C.

Dervishi Law Group, P.C. specializes in construction accident cases. We can help you understand your legal rights and determine the course of action you should take. We provide our services in the Bronx, NY.

 

Third party construction accident claim

Multiple companies and entities are involved in a construction project. When a construction company employs a worker, his/her safety not only lies in the hands of the employer but also in the hands of several entities working on the same project. When a construction worker gets injured due to another entity’s negligence or fault, he/she may be eligible to file a third-party accident claim.

What is a third party?

Typically, a third party is a contractor or sub-contractor working at a construction site. A third party could also be:

  • The company that provided/built defective construction equipment.
  • A company that rents heavy equipment.
  • An equipment manufacturer.

Sometimes, a third party may also be an individual, who is not related to the construction site but caused an injury.

Filing a third party claim

Several defendants may be liable for the construction accident injuries. To file a third party claim:

  • A worker must prove that the injury occurred within the scope of his/her employment.
  • He/she must identify the party or parties liable for the event that caused the accident.

A worker may file a third-party construction accident claim when there is sufficient evidence to determine that the accident was caused as a result of a third party’s negligent act.

Potential defendant in a third party claim

Contractor and a sub-contractor – When a contractor or sub-contractor’s negligence causes injuries, he/she can be subject to a third-party claim.

Product manufacturer – When a worker gets injured by a defective machine or part, he/she may hold the manufacturer responsible.

Property owner: A property owner is obligated to provide a safe working place. He/she can be held liable if a worker gets injured because of his/her failure to provide a safe working environment.

Others: Agents of other companies and other individuals may be subject to a third-party claim if their negligence contributes to a construction accident.

Importance of filing a third party claim along with worker’s compensation

Worker’s compensation benefits only cover medical costs and some lost wages. It does not compensate for the pain and suffering arising from the construction accident injury. A third party lawsuit can help a worker recover compensation for pain and suffering, loss of life, loss of earning capacity and decreased enjoyment of life. Filing a third party claim may seem like extra work but receiving compensation for these additional injuries and losses can make a huge difference.

Contact Dervishi Law Group, P.C. to file a third party claim

Construction workers have rights in the event of an accident. We have the experience to advise you about these laws, and to protect your financial future. We have successfully represented thousands of construction workers who have been hurt on the job. To file a third party claim for your construction accident in the Bronx, call us at 917-300-0797/ 718-619-4525 or email at fdervishi@dervishilaw.com.

 

Cerebral palsy

Cerebral palsy (CP) is a medical term used for a group of neurological disorders that affect a child’s movement and posture or/ and other nerve functions. It is caused by injuries to the brain during fetal development, labor or birth. This may happen due to birth injuries or medical malpractice during labor or childbirth. When cerebral palsy is caused by medical negligence, the parties responsible, including the medical facility, the medical staff, the attending physician or a nurse may be liable for damages. A cerebral palsy medical malpractice claim can be filed by plaintiffs who seek compensation for the baby’s injuries, such as parents of the injured infant or child, or a legal guardian.

What you need to prove

In order to have a valid cerebral palsy medical malpractice claim, you must prove the following:

  1. A doctor patient relationship existed
  2. A doctor/patient relationship must be established. This occurs when a doctor agrees to care for you during pregnancy, before delivery, and after delivery. If the doctor simply gave advice, a doctor/patient relationship doesn’t exist. Hence, you cannot sue the party.

  3. The doctor must have been negligent
  4. You must provide clear proof to show that the doctor’s negligence or errors caused your baby to develop cerebral palsy. This may include:

    • Failure to diagnose or misdiagnosis of infections in the mother during pregnancy.
    • Failure to monitor fetal heart rate and/or maternal distress properly during labor or birth.
    • Failure to detect and treat umbilical cord problems, such as a prolapsed cord.
    • Failure or delay to schedule the necessary cesarean section procedure in time. E.g. If the baby was too large to pass through the birth canal safely.
    • Negligence and unreasonable mistakes while using medical instruments during delivery, such as vacuum and forceps.
  5. The doctor’s negligence caused cerebral palsy
  6. Once the doctor’s negligence has been established, there must be proof to show that it was the direct cause of your infant’s cerebral palsy.  A medical expert testimony can prove these facts.

Damages for cerebral palsy medical malpractice claim

Damages for cerebral palsy medical malpractice claim can cater for your child’s needed, long-term medical treatment and additional expenses, including:

  • Past, present, and future medical cost
  • Loss of wages (if a parent left work to care for the child full-time)
  • Occupational therapy, physical therapy or physiotherapy
  • Special education costs
  • Assistive equipment and technology, such as wheelchairs and soundboards
  • Emotional pain and suffering

Contact Medical Malpractice Attorneys at Dervishi Law Group, P.C.

If a medical malpractice error caused your child’s cerebral palsy, medical malpractice attorneys at Dervishi Law Group, P.C. can evaluate your case and determine if you have a valid claim. We will fight for the compensation you need and deserve. Call us at 917-300-0797/718-619-4525 or email at fdervishi@dervishilaw.com. We serve in the Bronx, NY.

 

Construction accident

Falling object accidents are quite common at construction sites. Minor mistakes can lead to major injuries and if safety regulations, specifications, inspections or job safety requirements are not followed, workers or pedestrians can be fatally or seriously injured by falling objects. Some liability and causes of falling objects at construction site are:

Insufficient Barricades

Barricading dangerous areas is essential to prevent injuries from falling objects. In construction sites, there are hard-hat zones that must be barricaded so that people or workers passing by do not accidentally enter. If barricades were never erected, the liability for the accident may fall on the construction manager or property owner.

Poor Signage

Sometimes, a passersby might not realize that construction work is occurring. Clear visible signs at all access points to the construction site must be there to alert people that there is a risk of falling objects. The contractor or property owner may be liable for injuries caused due to poor or insufficient signage.

Failing to Inspect Equipment

All equipment must be properly maintained to prevent any failure. All devices should be inspected daily for wear and tear. Any damage or flaw on the equipment should be replaced immediately. The owner of the equipment, the manufacturing company, contractor or property owner can be held liable for injuries caused due to faulty equipment.

Failing to Secure Tools and Other Equipment

Workers have to move tools around frequently when they work. Careless placement of the tools and materials can result in injuries or even kill someone if it falls. Tools and materials must be stored in a secure location when not in use to avoid any accident. Negligence must be proved in order to establish liability in a falling object accident.

Contact Dervishi Law Group, P.C.

The New York City construction accident lawyers at Dervishi Law Group, P.C. can assist you with a personal injury claim. Our personal injury lawyers will evaluate your claim, and help you to identify responsible parties. We handle claims involving all types of loss, from broken bones or fractures to brain injury, from spinal cord injury/paralysis to amputation or loss of limb. We also litigate wrongful death claims. If you have been injured due to falling objects.

 

Spinal Cord Injury

Many people suffer spinal cord injuries each year as a result of catastrophic motor vehicle accidents, falls, defective products, medical errors, slip and falls, and other causes. Spinal cord injuries can be devastating and life-altering to individuals and their families. If you have sustained a spinal cord injury due to someone else’s negligence, you have the legal right to financial compensation for your injuries. Victims of spinal cord injuries are entitled to compensation for medical expenses, rehabilitation, counseling and psychiatric care,loss of wages, loss of future earnings and income, loss of enjoyment and other damages.

Proving Fault

The person who caused or contributed to the spinal cord injury can be held liable, including negligent drivers, manufacturers of a dangerous product, medical practitioners or property owners. In order to obtain compensation for your spinal cord injury, you must prove the following:

  • You sustained spinal cord injuries from the incident or accident and not from pre-existing conditions.
  • The party at fault is responsible for causing your injuries.

A spinal cord injury case is based on one of the following legal doctrines:

  1. Negligence

  2. Negligence occurs when one fails to exercise reasonable care in any circumstance. Examples of negligence include car accidents, slip and falls and medical malpractice. To prove negligence, one must show that the defendant failed to take reasonable precautions to protect you from the risk of harm. In other words, you must prove that the defendant acted in a way that showed recklessness disregarding your safety.

  3. Contributory Negligence

  4. This means the plaintiff contributed to his/her injury by failing to act in a reasonable and prudent manner. In a contributory negligence case, a plaintiffmay be entitled to a portion of the overall damages depending on his/her degree of fault.

  5. Intentional Harm

  6. An intentional harm occurs when the defendant’s wrongful act causes harm to the plaintiff. Examples include abusive acts, assault, and battery. If your spinal cord injury resulted from someone else’s intentional conduct, you need to present evidence to demonstrate that the defendant acted in a way that he/she knew would cause harm.

  7. Strict Liability

  8. In strict liability, the plaintiff does not need to prove negligence or intentional harm. Strict liability makes a person or company legally responsible for their products or actions which cause the injuries.
    Examples include defective or dangerous products. The plaintiff must prove that his/her spinal cord injury resulted from using the product, as it was intended.

Statutes of Limitations for a Spinal Cord injury Case

Statutes of Limitations is the deadline for filing a lawsuit. Any lawsuit arising from an accident or injury must be filed within a certain time limit or the injured person’s legal claim will be barred and his or her right to sue will be lost forever. Statutes of Limitations for a personal injury claim (including spinal cord injuries) vary from state to state, however, the period is usually between one to three years from the time the plaintiff discovers their injury.

Statute of Limitations for Minors

If a minor (under the age of 18 years) is injured the statutes of limitations is extended. Usually, the statute of limitations for minors does not begin to run until he/she reaches the age of 18. For example, if a minor was 14 years old when injured, depending on the injury and the law of the state, he/she may have a total of 6 years to file a claim (four years until he/she turns 18 and two years for the statute of limitations).

Statute of Limitations Against the Government

The statute of limitations for claims against the government entities is shorter. The injured parties must file the case within 6 months (for some cases, 1 year from the time the plaintiff discovers their injury.

Contact Spinal Cord Injury Lawyers at The Dervishi Law Group, P.C.

Spinal injury cases can be complex, and they require knowledgeable spinal cord injury attorneys who are capable of skilled negotiation and superb trial advocacy. The spinal cord injury lawyers at The Dervishi Law Group, P.C. provide legal help to clients seeking compensation for spinal injuries due to negligence or wrongful acts. Our law firm focuses on client service, compassion, and attaining favorable results for our clients.