When someone is hurt on the job, there are several possible legal remedies. Depending upon the situation, a Syracuse construction accident claim may be a viable option.
A claim for workers’ compensation benefits is another possibility, as is a labor law claim in some instances.
Talking with an experienced personal injury attorney can help you get started on the process of holding the responsible party accountable for your medical expenses, lost earnings, and other compensable losses.
Although New York is a “no fault” state for the purposes of automobile accident liability, this does not mean that a negligent driver can never be held accountable for the injuries of a person hurt in a crash. To the contrary, if someone sustains serious injuries in a New York car accident, he or she may be able to seek compensation from the negligent driver for damages such as lost wages, medical expenses, and pain and suffering.
Even if the no-fault threshold is not met, the injured person may have other options, including a claim against his or her own insurance company or, possibly, a claim against his or her employer’s disability insurance company.
Facts of the Case
In a recent appellate court case, the plaintiff was a woman who brought suit against the defendant insurance company in the Supreme Court of Greene County, New York, seeking no-fault lost wage benefits. The plaintiff had been involved in a 2013 car accident that left her unable to work for an unspecified amount of time. She took a leave of absence from her employment and received short-term disability benefits from her employer’s insurer. However, the plaintiff was later terminated from her employment due to her alleged failure to comply with her employer’s leave of absence guidelines.
In a Syracuse medical malpractice case, the plaintiff has the burden of proving that he or she suffered personal injury as a proximate result of the defendant’s negligence.
Medical negligence cases are often filed against doctors, but they may also be filed against other healthcare providers, including hospitals and other facilities.
It is not unusual for the defendant in a medical negligence case to file what is called a “motion for summary judgment” in an attempt to have the trial court dismiss the claim against it on the basis that it is entitled to judgment as a matter of law. If a trial court grants summary judgment to the defendant, the plaintiff has the option of asking the appellate court to review that decision.
About two out of five Americans take at least one prescription medication these days. While most of these medications are at least somewhat beneficial to the patient taking them, each comes with a list of possible side effects.
When a patient is admitted to a hospital, personnel should be careful to note all medications taken by the patient, including the dosage of these prescription drugs. Follow up with the patient’s family and/or pharmacy should also be made in many cases.
If this is not done and personal injury or wrongful death befalls the patient as a proximate result, the patient or his family may have a Syracuse medical malpractice or hospital malpractice claim.
The plaintiff in a Syracuse medical malpractice case has the burden of proving each and every element of his or her case.
Oftentimes, the plaintiff must obtain much of the evidence of his or her claim from one or more of the defendants against whom he or she has filed suit.
Acknowledging that a defendant may have an incentive to hide or destroy evidence in order to avoid a finding of liability, New York law gives trial courts the authority to impose harsh sanctions for spoliation of evidence.
In a Syracuse automobile accident lawsuit, the plaintiff must be able to prove that the driver against whom a claim is filed was negligent in some manner.
In order to prove negligence, the plaintiff has to prove that the defendant breached a duty of care that was owed to him or her and that the plaintiff was damaged as a proximate result.
If the plaintiff is unable to make a prima facie showing of negligence, it is likely that the defendant driver will file a motion for summary judgment. Unless there are genuine issues of material fact to be resolved at trial, the court may rule that the defendant is entitled to judgment as a matter of law.
In the state of New York, landowners and business operators owe certain duties to those who come upon their property for a business purpose, such as a shopper going to a mall to make a purchase.
A Syracuse premises liability lawsuit can result when a business patron is injured because a property owner did not act in a reasonably prudent manner and this resulted in physical harm to an invitee.
If the person who is injured on business property is able to prove that his or her injuries were due to the defendant’s negligence, he or she may be entitled to substantial financial compensation. However, it is important to note that there are deadlines for filing a claim in such cases, and claims not filed in accordance with the time set by law are usually deemed to have been waived.
In some Syracuse medical malpractice lawsuits, the allegation is that a defendant doctor or hospital failed to make a correct diagnosis within a reasonable amount of time under the circumstances.
A delay in treating a medical condition can result in significant harm and even death to a patient.
When a patient is able to prove a claim of medical negligence, he or she may request that the jury award money damages for medical expenses, lost earnings, pain and suffering, and other losses caused by the defendant’s failure to abide by the applicable standard of care.
A Syracuse medical malpractice case can affect many different types of people and their families.
Even a medical doctor can be the victim of an act of medical negligence, when that doctor is a patient relying upon the advice of others.
Of course, in such a case, it is likely that those accused of malpractice will try to turn the blame around on the victim – even if the defendants’ alleged negligence cost the victim his life.
When it comes to personal injury and wrongful death litigation, time is of the essence. If a New York medical malpractice lawsuit is not filed on within the statute of limitations, it has very little chance of ever being considered upon its merits.
There may be other deadlines that require strict compliance, as well. Taking too long to seek legal redress can result in a summary dismissal of a case that might otherwise have been very winnable – and worth a substantial sum of money to a malpractice victim and his or her family – had it been timely filed.
For this reason, it is extremely important that anyone who believes he or she has been suffered harm due to medical negligence seek legal advice as soon as possible.
Syracuse Personal Injury Law Blog