Mass Black Judge

When an injury upends your life, you require an attorney with the expertise and resources to identify multiple defendants and negotiate equitable compensation despite shared liability. Our firm specializes in calculating damages for both economic losses as well as non-economic injuries like pain and suffering.

Personal injury law (known as tort law ) covers injuries to both body and emotions. To successfully file a personal injury lawsuit, one must demonstrate that a defendant owed them a duty of care which they breached through negligent conduct.

Personal Injury

Personal injury cases, more commonly referred to as tort law, involve those injured seeking damages from those responsible. Also referred to as civil litigation or personal torts, tort law deals with cases in which someone experiences harm due to someone else’s negligence rather than criminal activities such as theft or murder. Personal injury lawsuits may lead to formal litigation proceedings or can be resolved via informal settlement negotiations.

Personal injury cases allow plaintiffs to claim damages such as medical expenses, lost income from work and property damage. Furthermore, compensation may also be awarded for pain and suffering as it attempts to address how their life has been negatively impacted by an injury.

When filing a personal injury claim, they must do so within the statute of limitations outlined by their state and type of injury claim. As this deadline can vary according to state law and type of claim, it is wise to consult a lawyer about specific deadlines that pertain to their specific claim.

To prove fault in a personal injury suit, an injured party must establish that the defendant owed them a duty of care to act responsibly and refrain from causing harm. Once that duty was breached by not meeting the standard of care an average prudent person would have applied under similar circumstances, then another step is required: showing how it led directly to their injuries.

If it can be established that the defendant’s actions caused harm to a plaintiff, courts will award compensation – commonly referred to as damages. There are two main forms of damages awards; compensatory and punitive. Compensation for damages includes anything with an identifiable monetary value such as medical bills or lost wages as well as non-economic harm such as emotional distress or disfigurement as well as loss of consortium.

Some cases involving multiple plaintiffs, such as groups who have suffered similar injuries, are often referred to as class action or mass tort lawsuits. A class action occurs when all plaintiffs file the lawsuit at once while mass torts occur when multiple individuals bring suit on their own but share knowledge and resources among themselves.

Medical Malpractice

Medical malpractice law, also known as personal injury law, seeks justice through civil courts for patients injured due to physician actions or inactions. Both personal injury and medical malpractice fall under tort law’s umbrella of compensation to injured parties.

Medical malpractice occurs when a physician makes mistakes that directly lead to a patient’s harm, such as taking out organs during surgery, amputating the wrong leg or failing to treat an infection after surgery. Medical professionals have an obligation to provide their patients with high-quality care in accordance with professional standards; prioritizing patient safety means paying close attention and being vigilant so as not to cause further injury through their treatments.

Proving medical professionals have committed malpractice requires expert testimony and careful investigation of each case. A knowledgeable New York medical malpractice attorney can evaluate yours and assist in selecting which parties you should sue; in addition they can assist in gathering and filing medical records or reports as necessary.

Once your New York medical malpractice lawyer understands the facts of your case, they can demonstrate a direct relationship between medical professional negligence and injuries sustained as a result of malpractice and those sustained – such as not adhering to professional standards – and what happened. Furthermore, it’s crucial that any injuries suffered have both financial ramifications as well as affect quality of life and family relationships negatively.

Your New York medical malpractice attorney can also assist in seeking punitive damages. These financial compensation awards given by judges to punish particularly reckless behavior; and send a message that this type of behavior won’t be tolerated.

Many states impose limits on how much a plaintiff can recover in a successful malpractice claim, including both actual financial losses such as medical bills and lost wages, as well as non-economic damages like pain and suffering. New York stands out as being one of only 15 states which do not limit non-economic damages in medical malpractice lawsuits.

Defective Products

When purchasing a product, consumers generally expect it to perform as promised and not cause harm. Unfortunately, dangerous or defective products cause injury each year to many consumers ranging from toys for children and household appliances, pharmaceutical drugs and industrial machinery and equipment. If injured due to defective goods, there may be several legal claims available to you and FindLaw’s extensive Product Liability section within its Accidents & Injuries center offers articles to assist with understanding what legal actions could be pursued against manufacturers of defective goods.

There are three primary categories of defective product claims: design defects, manufacturer defects and warning/instruction deficiencies. Defective product cases frequently involve multiple defendants due to all the parties involved with its sale and distribution – manufacturers, designers, suppliers, distributors, contractors and retailers all play roles in selling/distribution/sale of their respective product(s).

Product liability cases often revolve around products with designs that were inherently unsafe from their inception. A classic example is Ford Pinto gas tanks which were made to explode upon rear-end collisions – this was one such design flaw.

Manufacturing defect claims involve products not manufactured according to their designer’s specification, from subpar workmanship and faulty parts use all the way through to showing they were defective when leaving their manufacturer’s possession.

An inadequate warning or instructions about product dangers may also constitute marketing defect; such claims can be brought either on grounds of negligence or strict liability, depending on the circumstances.

As soon as an injury has occurred, it is imperative that you consult with an experienced Syracuse product liability attorney as quickly as possible. A skilled attorney will protect your rights and help recover the compensation that you are due. In addition, it is crucial that medical attention for injuries received be sought promptly and follow doctor treatment recommendations. Keeping evidence secure by keeping unaltered products safely stored away as well as documenting receipts, warranties and communications between manufacturers’ customer service departments or customer support departments and yourself are key parts of preserving evidence against future claims.

Negligent Infliction of Emotional Distress

As with physical harm, negligent acts or omissions may also cause emotional injuries. Negligent infliction of emotional distress is considered a tort that allows victims to claim damages from defendants for negligently inflicted emotional distress.

Emotional distress claims typically take the form of personal injury lawsuits filed by victims against negligent parties. The amount of compensation available depends upon the extent of your injuries; as they become more severe, your damages increase as does compensation for medical bills, lost wages and pain and suffering.

Law surrounding NIED claims is complex, and state courts set strict criteria to establish whether you can make a successful claim. To be eligible, one requirement must be that your defendant caused you severe emotional distress: this usually means enduring and intense distress caused by their actions. For a successful claim to be heard in court, records will need to be examined along with expert witnesses in psychology or psychiatry to ascertain if you indeed experienced severe emotional distress.

Some states abide by an “impact rule,” dictating that an NIED claim can only be brought if someone’s physical actions cause physical injury to them; this could include anything from being hit by flying debris to experiencing heartbreak upon witnessing someone close’s death. However, this rule is increasingly being disregarded in cases where an action taken by defendant triggers emotional trauma in someone.

Or you could make an NIED claim if the action taken by another was so extreme as to reasonably foresee that you will experience extreme emotional distress as a result. For instance, if drunk driving causes fatal injuries to one of your loved ones at the scene of the crash and you were present when this occurred – both cases would need to be pursued simultaneously as can an NIED claim for emotional distress caused.

Some states have implemented the “zone of danger” rule, similar to impact rules but only applying when you are physically close to an accident scene. Under this system, NIED claims can only be filed if someone risks bodily harm during an incident.