New York Personal Injury LawyersBronx, Queens, and Brooklyn Personal Injury Lawyers Advancing Your Interests
At Kramer & Pollack, LLP, we have over 27 years of experience representing plaintiffs and defendants in personal injury lawsuits. We handle catastrophic injuries in high-profile matters reported in major newspapers and on television. If you have been hurt in the Bronx, Queens, or Brooklyn, our experienced personal injury attorneys can evaluate your case and provide aggressive legal representation. We also represent people elsewhere in the five boroughs of New York City and on Long Island. In fact, we have represented people injured in accidents in many states across the United States.Protecting Your Rights After an Accident
We can handle personal injury claims arising out of a wide range of situations, including construction accidents, burn injuries, brain injuries, spinal cord injuries, motor vehicle accidents, animal bites, nursing home negligence, slip and falls, medical malpractice and defective products. We also can assist a grieving family in pursuing a wrongful death claim.
Most personal injury claims arising out of negligence require the plaintiff to establish the defendant's duty of care, a breach of the duty, causation, and damages. A defendant may raise a defense of comparative negligence. New York courts follow the rule of pure comparative negligence, which means that a victim’s compensation as a personal injury plaintiff may be reduced by their percentage of fault for an accident. It is crucial to consult with an attorney before talking to an opposing party, their representative or their insurance company about the accident.
Damages that may be recovered, if liability is established, include pain and suffering, past, present, and future economic and noneconomic losses. Catastrophic injuries such as burns, spinal cord damage, or brain injuries, for example, are likely to result in substantial damages.
Our Brooklyn personal injury lawyers are familiar with the distinctive issues that may arise with regard to certain types of personal injury claims, such as those related to construction accidents. An injured worker at a construction site may only be able to recover workers' compensation from an employer, but they may be able to sue a third-party contractor for hazardous conditions that resulted in an injury if the third party had control of the hazard and knew or should have known about it. In New York, there are specific labor laws that provide a cause of action to certain construction workers.
For example, under New York Labor Law Section 240, a construction worker who performs tasks necessary to erecting a building and does so at an elevation is entitled to specific safety devices and measures. If they do not receive these protections and are injured, they can potentially recover compensation from a third party responsible for supervising the project. They must prove that the third party knew or should have known that these safety requirements were not being met.Representation in Medical Malpractice Claims
We can evaluate whether a patient has a viable medical malpractice claim. Among the types of claims that we have handled are those related to birth injuries, failures to diagnose, surgical errors, and failures to treat infections. Not all errors by a physician or nurse meet the criteria for a medical malpractice case. The doctors we ask to review our cases are an extremely valuable resource in these types of cases. They can review your records and help us select a knowledgeable expert to testify in your case.
To prevail on a plaintiff’s behalf in a medical malpractice lawsuit, we will need to establish that the doctor failed to meet the accepted standard of care for competent doctors in the same specialty and that this failure caused your injuries. For example, a doctor who fails to conduct appropriate tests after a patient reports symptoms that suggest cancer may fail to diagnose the condition. This may be an error that would not meet the standard of care. If the failure to diagnose results in the cancer spreading and causing greater harm than it otherwise would have, it may be possible to recover the damages caused by the doctor’s failure to diagnose.Consult a Personal Injury Attorney in Brooklyn, Queens, the Bronx, or Beyond
Personal injury and medical malpractice lawsuits may be challenging, and an aggressive, experienced attorney may make a big difference in the outcome. Our Brooklyn personal injury attorneys owe our success and reputation to a staunch commitment to preparation. We receive many cases from other attorneys and word-of-mouth recommendations from satisfied clients throughout New York City, including in the Bronx, Queens, and Manhattan, as well as on Long Island and in Nassau and Suffolk Counties. Contact us at 212-ANSWERS or via our online form to set up a free appointment with a construction accident attorney or seek assistance with another type of personal injury claim.