Will my personal injury case go to trial?

The simple, upfront answer is, 'more than likely no’. When someone suffers an injury as a result of another individual’s negligence, here in New York, they are entitled to damages by way of filing a personal injury claim with the court, regardless of how the injury was incurred, whether from a vehicle accident, an act of medical malpractice, a pedestrian accident, a defective product, daycare abuse and negligence or any other type of accidental injury.

Many people, however, who fall victim to any of these scenarios or encounter injuries through other negligent acts are often hesitant to file any type of a claim for a variety of reasons. People, first and foremost, are typically afraid to file a claim because they are not familiar nor do they understand lawyers and courtrooms. Many people have no desire whatsoever to have to be involved in any type of a trial matter because of all the stress, demands, and the entire uncomfortable process involved, as well as the obvious fact that a case can take a good deal of time to come to a conclusion disrupting lives and families for months and sometimes even years.

Victims can certainly avoid all these unpleasant situations and all the uncertainty that goes along with it by hiring an experienced personal injury attorney to represent them. A New York Personal Injury Attorney will most assuredly simplify the claim, the case, and the overall process from start to finish and work their hardest to ensure that the final outcome is, indeed a fair one.

With a personal injury attorney presenting your case, the odds a very good that your personal injury claim will never make it to trial, but rather settle out of court.

One of the most obvious reasons for an out of court settlement is the simple fact that trials can take a long time and juries can certainly be unpredictable. In most cases, the parties involved in a personal injury claim are more apt to negotiate a settlement outside of court because they can have some degree of control over the final outcome of the claim rather than putting the final verdict and outcome into the hands of a judge and jury.

In addition, settling out of court ensures that parties involved can then avoid the many countless expenses and costs that come into play when a case goes to trial. Attorneys and parties involved in personal injury claims typically all have the same goal in mind - to settle the case as quickly and fairly as possible and avoid all the drama of a courtroom trial. For these reasons, and many more, statistics tell us that the typical personal injury case very rarely makes it to a full trial.

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How Insurance Policy Limits Can Affect My Case

If you have been involved in an accident and another individual is at fault, one of the first thoughts that come to mind is, do they have enough insurance to cover all my injuries and damages? Whether you and your attorney are attempting to settle your case outside of a courtroom with the insurance company directly or have to go through a complicated, prolonged court proceeding, it is important to understand just how insurance policy limits can affect your case.

The key elements that come into play when an appropriate settlement amount is to be determined are the nature and the extent of your injuries and the policy limits of the at-fault parties. The policy limits define the amount of insurance coverage that is available to compensate a victim for injuries sustained and losses incurred as a result of an accident and plays an important role in the entire settlement process.

If the party at fault does not have sufficient insurance coverage to compensate for your losses and injuries or has no insurance at all, then indeed your case has just become a bit more complicated. You may ask why? The simple answer is that any insurance company is only liable for the dollar limits that exist in the policy and cannot, therefore, pay out large sums of money for serious injuries and damages if the insurance coverage limits on the policy are low and do not satisfy the extent of the injuries and losses. If the at-fault party does not have sufficient coverage, then it is necessary to seek out other resources to compensate the victim for injuries and losses.

Regardless of the injuries you may suffer, the loss of income you suffer, or any other expenses or losses that are incurred as a result of your accident, if the at-fault party does not have an insurance policy with sufficient policy limits to cover your losses then the insurance company is only liable to pay the limits of the policy and nothing more. With that said, your final settlement can be seriously affected by the amount of insurance coverage and the policy limits of the at-fault individual’s policy.

If the at-fault party has limited or insufficient coverage to pay for your injuries and/or losses or has no insurance at all then your own insurance company adjuster will handle the negotiation of the claim moving forward in their efforts to cover the difference of the appropriate settlement amounts for your specific injuries, damages and losses. "For a free consultation to explore your legal options call the attorneys at Popick & Rutman today" (718) 321-7460 and also visit our website.

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Common Construction Accident Cases a Personal Lawyer Can Help You With

Common Construction Accident Cases a Personal Lawyer Can Help You With

One of the most dangerous jobs out in the workplace is that of construction workers on a busy, complicated construction site. Accidents certainly happen all the time on construction sites and, more often than not, these very accidents result in workers becoming severely injured, disabled or even killed.

We all know that employees are covered by workers’ comp insurance, but typically coverage provided through workers’ comp is not sufficient to compensate construction workers that are severely injured, or the families of construction workers who have lost their lives on the job fairly or appropriately. With that said, should you become injured on a construction site or a family member loses their life on the job, hiring a New York Construction Accident Attorney can help you to receive the appropriate compensation for your injuries, losses or family member’s death. Your construction accident attorney will file claims against all those individuals or companies that contributed to your accident and are either individually or collectively at fault.

There is a wide range of construction site accidents that typically require the expertise and representation of a highly skilled and trained construction accident attorney. Some of the more common construction accident cases a personal injury lawyer can help you with include accident falls, equipment accidents, welding accidents, serious burns, crane accidents, electrical injuries, scaffold injuries, building collapses, forklift accidents, ladder accidents, structural failure on the site, dumpster accidents, elevator accidents, negligence of a site manager or supervisor, gas explosions and even vehicle collisions and accidents to and from as well as on the construction site itself.

Many of these accident types can result in serious injuries, lost wages, medical costs and even death. Regardless of what type of accident you are involved in on the construction site, when an accident is the direct result of someone else’s negligence, whether the site property owner, your construction supervisor or manager, or equipment manufacturers of the on-site equipment you are operating, hiring a construction accident attorney is the best approach for you. An attorney will dedicate long hours and hard work to ensuring that you are properly compensated for all your losses, including lost wages, medical expenses, loss of your future earnings, and even pain and suffering.

It is important that individuals who are injured on a construction site or the families who suffer a tragic death of a family member from a construction accident, engage the services of an experienced construction accident attorney who is directly familiar with all the ins and outs of construction law, has a comprehensive understanding of your specific case and all its details, and can provide you with top notch professional representation from the onset of your case to its final resolution. If you have been injured on a construction site, then the time is now to contact one of our highly reputable New York Construction Accident Attorneys for a free consultation and learn just what options you have and what your next step should be. "For a free consultation to explore your legal options call the attorneys at Popick & Rutman today" (718) 321-7460 and also visit our website.

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What Should I Do If I Think a Nursing Home is Acting Negligently?

It can be a very sad time in our lives when we have to put our elderly parent or parents into a nursing home. For many people, this is supposed to provide them with peace of mind to know that their loved one is in the hands of trained, compassionate professionals who will be there to give love, care and attention to a loved one as needed. It is challenging in and of itself to turn around and leave a loved one in a nursing home, but how devastating it is to witness firsthand that your loved one or another elderly resident is being abused while in the nursing home.

If you witness abusive acts against your loved one or any other resident there are a few important steps you must take. To begin with, make certain to document all that you have seen occur, for each incident you have witnessed. Be certain to include as many details as you possibly can and write down the actions and incidents as specifically as possible. Include patient names, their room numbers, what acts of abuse or neglect you witnessed and the dates and times of the actual incidents.

Next, you want to be certain to get and write down all the names of staff members that were on duty at the time on the floor where the abuse or neglect took place and the names of their managers, supervisors and administrators as well. These individuals will be very important to your case, whether or not they were involved in the actual neglect or abuse. If the abuse occurred to someone other than your own loved one, try to reach out to a family member or friend of the abused elder and advise them of what you saw and any details you can provide to them.

Additionally, if it is not your loved one that has been violated, it would be a good thing to reach out to the resident that has been abused and make conversation with them inquiring if there is anything that they might need in your efforts to obtain additional information about the neglect or abuse and perhaps even find out how long it has been going on. Anything you can find out from the resident will obviously be helpful to their family members when they give attention to the matter.

Finally, one last important step you should take is to make a phone call to the appropriate state organization to report the alleged abuse and neglect so that a thorough professional investigation can then be performed. Engaging in this communication is essential to your own family member’s health and safety or the health and safety of any other resident you witnessed being abused or neglected.

Regardless of the results of the investigation, it is important that you notify the state of your concerns. Make your 'in good faith’ report as soon as possible. Even if you feel a bit unsure or uncomfortable about filing the report, do not hesitate to make your report since you may very well play an important part in putting a stop to the abuse and make certain that no further abuse will take place.

Whether the abuse you witnessed was to your own family member or to another resident, know how important it is that you report your findings in your efforts to help keep all nursing home residents safe and healthy and certainly free of neglect and abuse. Elderly people are in need and your dedicated acts of concern can certainly help make their innocent elder lives safer, healthier and happier.

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How To Protect Your Legal Rights After An Accident

Protecting your legal rights after an injury can be a difficult thing. Your emotions may be running high during this time, especially if you're involved in a slip-and-fall, a car crash or something similar. Our bodies are easily confused when we enter fight or flight mode with adrenaline running through our systems. What you do and say after an injury is truly important if you wish to stay within the legal boundaries of protection. Here are the steps to take if u r injured to protect your legal rights:

Step 1. Stay Where You Are

Remain at the scene of the car accident or injury scene. Your first priority should be to gather identity information and any insurance details for you and anyone involved in the accident. Call the police and let them know that you're injured and need help. If you can, take note of any bystanders or witnesses and take down their name and contact information.

Step 2. Check For Serious Injuries

Slowly check and see if you can move. Do a visual inspection and see where you're hurt. Do a scan of the site and see if there are other people injured or in need of medical attention.

Step 3. Cooperate Fully With The Authorities

Police may or may not arrive at the scene of the accident, but it helps to fully cooperate with them if they come. You may call 911 if you experience a significant work or at-home injury. You should understand your surroundings when cooperating with the law enforcement people. It is important that you take a neutral stance and not commit to any fault. Injuries may not appear after some time has elapsed following the aftermath of the accident.

Step 4. Document All Evidence

Take out your phone and start taking evidence with your phone's built in camera. Take pictures of the scene, of the people involved and the things that caused the injury. You should take visual and mental evidence of the property damage and the car positions if involved in a car crash.

Step 5. Get Proper Medical Attention

Get the proper medical attention you need after suffering an injury or an accident. Remember that your well-being is on the line. This is also important for when you're filing for insurance claims. Do this as soon as you can, because any delay can give your insurance company reason to challenge any claims filed later.

Step 6. Call A Personal Injury Lawyer

A personal injury attorney is one of the best weapons you can have when you want to protect your legal rights after an accident. They can give guidance on what to do and how to deal with the proceedings of insurance companies. A personal injury lawyer can also help you with your case to give you a better chance for successfully filing for compensation.

Step 7. Call Your Insurance Agent

Notify your insurance agent about the injury that happened. It is important that you remain neutral and not admit fault. In cases where other people are involved, have their insurance adjusters contact your personal injury lawyer and have them take over from there.

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Can You Sue a Doctor for Emotional Distress?

During patient diagnosis and treatment, a doctor might make a mistake. Such a mistake might not necessarily result in a physical injury. For instance, a misdiagnosis can be emotionally traumatic, while patient mistreatment can be psychologically damaging. Such injurious acts by health professionals, whether carried out intentionally or negligently, can make you suffer from mental stress and anguish, but can you sue a doctor for emotional distress? Here's a look:

Suing for Emotional Distress

Emotional distress lawsuits can be tricky to win especially when their is no tangible evidence of suffering from the plaintiff. For such cases, it is hard to prove unless the plaintiff is convincing, backed by evidence, that the conduct of the defendant was extreme and outrageous. Lawsuits falling under the category of emotional distress are split into two different types:

Negligent Infliction of Emotional Distress: Under this category, the plaintiff must have suffered some emotional or mental suffering due to the extreme experience. The psychological distress may include issues such as panic, self-guilt, anxiety, depression, and suicidal thoughts.

Intentional Infliction of Emotional Distress: Here, the plaintiff suffers from severe emotional suffering as a result of the doctor's outrageous or extreme conduct. The actions of the plaintiff must have been intentional or carried out recklessly.

For claims based on negligence, the cases might be barred in various states based on the presence or lack of physical injury. Some states don't allow emotional distress claims particularly in cases where the suffering is a direct result of physical injury. Conversely, other states require the plaintiff to demonstrate or show evidence of the physical harm suffered or illness that has resulted from the emotional distress. And other states limit NIED claims strictly to emotional distress that is experienced directly or as a bystander within a region of physical danger.

When it comes to the second emotional distress claims based on intentional conduct, it all depends on how the terms are defined. First, it has to be determined whether the conduct of the medical practitioner was outrageous or extreme. Secondly, it has to be determined if the defendant's acts were intentional or reckless. Finally, you will be required to clarify whether the emotional distress was severe.

Proving Emotional Distress Claims

Having a solid prove of the elements of an emotional distress claim can be challenging. As the plaintiff, you are required to obtain a medical report an orthopedists or psychologists detailing the physical or emotional injuries suffered. To prove emotional distress, you need to show that the mental anguish was intense and lengthy. As well, the more severe or violent the underlying conduct was, the more likely you'll be able to link your distress to that conduct.

Due to the technicalities involved in the emotional distress lawsuits, it is advisable to seek the services of an experienced personal injury attorney. http://popickrutman.com/ contact us 718-321-7460

Common Surgical Errors: When To Sue For Injuries

Common Surgical Errors: When To Sue For Injuries  

Believe it or not, the most common surgical errors happen not on the most complex of operations, but on the most-performed procedures. Even when the surgery itself is successful, a lot can happen post-procedure. Medical negligence and other factors can lead to long-lasting health concerns for the patient.

How does one know when to sue for damages when medical surgical malpractices occur? Here's some common surgical errors: when to sue for injuries:

1. Nerve Damage

Your surgeon could have been focused on bringing you back to optimal health, but chances are he or she could be opening up a whole slew of medical problems. Scalpels are razor sharp and can cause incorrect incisions where the operation is occurring. It can lead to nerve damage and punctured lungs, which can lead to disability, constant pain and suffering.

2. Administering Anesthesia Incorrectly

Anesthesia is used in many surgical procedures, but some of the most common errors involve mix-ups, which can have potentially fatal effects. Too much anesthesia, and the patient may be left with too little oxygen to function. This can cause brain damage and eventually, death. Too little anesthesia, and the patient could be awake the entire time and experience extreme pain.

3. Wrong Side Surgery

You may not believe it, but wrong side surgery happens frequently each year in hospitals all over the United States. A procedure where a patient had his healthy kidney removed, while the diseased kidney was left to fester in the body happened just recently. In one hospital, a man had a wrong leg amputated by a careless doctor.

4. Wrong Patient Surgery

There were cases where doctors incorrectly operated for the wrong procedure. Errors like this are caused by poor hospital protocol, general lack of communication between the patient and surgeon and an absence of pre-operative verification. The usual cases include removal of perfectly healthy organs and when patients don't get the surgery they were admitted for.

5. Foreign Object Infection

Would you believe that doctors can sometimes forget and leave clamps, gauze or scalpels in the patient's body after a successful operation? This could potentially result in severe bodily infections, excruciating pain and can even be fatal for the patient. This can certainly be prevented with a standard material checklist.

Mistakes are understandable because we are only human, but in cases where life and death are on the line, the surgeons must be held accountable. If you have been a victim of a surgical error, then it is within your right to sue for damages. Call an experienced medical malpractice lawyer who can help you with your right to be compensated for your suffering, pain or loss of income.

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