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.
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.
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.
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 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.
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.
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:
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 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:
General damages include:
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.
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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.
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:
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:
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.
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.
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.
Typically, a third party is a contractor or sub-contractor working at a construction site. A third party could also be:
Sometimes, a third party may also be an individual, who is not related to the construction site but caused an injury.
Several defendants may be liable for the construction accident injuries. To file a third party claim:
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.
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.
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.
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 email@example.com.
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.
In order to have a valid cerebral palsy medical malpractice claim, you must prove the following:
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.
You must provide clear proof to show that the doctor’s negligence or errors caused your baby to develop cerebral palsy. This may include:
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 can cater for your child’s needed, long-term medical treatment and additional expenses, including:
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 firstname.lastname@example.org. We serve in the Bronx, NY.
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:
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.
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.
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.
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.
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.
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.
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:
A spinal cord injury case is based on one of the following legal doctrines:
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.
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.
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.
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 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.
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).
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.
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.