Pure comparative negligence. New York follows pure comparative negligence laws, which means that a claimant’s own conduct in relation to the accident shall not bar recovery. However, the courts will reduce the amount of damages recoverable in proportion to the claimant’s percentage of fault for the incident. Generally, as long as a claimant is less than 100% responsible for the accident, he or she is still eligible for recovery in New York.
You and the defendant will present evidence in trial (you have the burden of proving the defendant did something wrong or was careless in a way that caused your injuries)
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Types of Injuries Whether or not the attorney offers a free consultation; and Right to have your phone calls promptly returned.
Depending on the severity of the collision, car accidents can result in all types of injuries. Some of the common injuries include:
83 million sleep-deprived drivers are on the road on a daily basis and in 2015 roughly 5,000 people died due to driving while drowsy. Medical benefits: If the injured person suffered a medical emergency, he or she should receive reimbursement for 80 percent of all initial medical care from within 14 days after the accident up to $10,000. This also applies to any additional medical care that is referred by the prescriber. If the injured person did not suffer an emergency medical condition, he or she will only receive $2,500 for medical care.
Paul M. D’Amore Drunk driving: A driver with a blood alcohol content of 0.08 percent or higher is considered to be drunk in Wisconsin. Drunk drivers, or drivers under the influence of drugs, can cause catastrophic crashes.
Contact Us Speeding Traumatic Brain Injuries Other Helpful Resources "My daughter and I, were victims of a drunk driver. He went off the freeway and landed on my vehicle. My back window was shattered and my baby was in the backseat. Luckily we were okay. Sore and bruised, but..." -Amanda Ortega.
(b) An operator of a vehicle required to stop the vehicle by Subsection (a) shall do so without obstructing traffic more than is necessary.
Includes: All auto-accident victims may be able to recover money from the other driver, the owner of the car, and even the driver's employer to pay for the damage to your car, your current and future medical bills, and any permanent injuries you may have suffered. You may even be able to get punitive damages, which are designed to punish the other driver for his or her action.
Get Directions North Carolina's fatality rate of 15.4 per 100,000 people is higher than the U.S. average of 12.25 per 100,000. In 2008, 1,433 of the 37,261 automobile-related fatalities that occurred nationwide happened in North Carolina. (Source: NHTSA)
Thomas R. Mulroy III Rear End Accident: Impacts from the rear, are very common. This is the #1 common form of car and auto related accident. It happens when a car, truck, or SUV, hits the rear of another vehicle. Often, the driver who was in the rear – is at fault in these accidents. We’ve typically seen drivers distracted – by texting, or something else, cause these accidents.
Chicago Do you get contact info for the other party? While they are both large vehicles, trucks and buses each come with their own particular set of dangers.
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Work Injuries Distracted driving– Talking on a cell phone and texting while driving cause a rising number of car accidents across the U.S. In fact, the NHTSA says that distracted driving kills 5,500 and injures 450,000 nationally each year.
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Fax / 970-221-9808 View Guide Birth Trauma $ 8,000,000 settlement on behalf of an 18-year old boy in a medical malpractice lawsuit where a physician prescribed the medication Depakote without monitoring the boy’s liver functions despite the known effects of Depakote on the liver. As a result of the failure to monitor the liver functions, the plaintiff sustained complete liver failure requiring a liver transplant and a hepatic encephalopathy resulting in brain damage.
• Sometimes, establishing negligence can be difficult – When liability after a car accident is contested, investigation may become necessary to establish negligence. A car accident lawyer will know where and how to look for evidence that supports your case.
$1,100,000 Contact CONTACT Complicated roadways: Road design or road conditions can make driving complicated. Drivers who are distracted, drowsy, drunk, or otherwise negligent may have trouble avoiding a crash on these complicated roads.
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- BB&T By: Happy Client After a lawsuit is filed, your case may enter into settlement negotiations with the defendant and/or the defendant’s insurance company, or it may go to trial before a jury.
Copyright © 2018 FindLaw, a Thomson Reuters business. All rights reserved. There are many types of situations that can lead to a personal injury claim ─ car crashes, slip-and-fall accidents, construction site injuries, dangerous and defective products, and the list goes on. Generally, you may have a personal injury claim if:
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