The most common types of mistakes resulting in birth injuries
- Neglecting to observe and monitor the mother and baby’s distress
- Misdiagnosis of a medical issue
- Using the wrong methods when applying birthing tools
- Not carrying out an emergency C-section if it is necessary
- Not taking measures to help prevent preterm labor
When can you file a personal injury complaint?
- There must be a doctor-patient relationship. This is automatically the case if the doctor delivered your baby
- The doctor must have done something wrong
- His negligence must be the cause of the birth injury
Talk to a lawyer
A New York Judge awarded a woman $700 for personal suffering because she was denied the right to give her dog a proper funeral and to be able to visit his grave after the animal hospital didn’t deliver the dog’s body to the funeral arrangement company.
In New York, some judges have even awarded compensation for the cost of treatments for very old dogs which some other state judges might argue that the dog was on its last bones anyway.
Another New York judge ruled that a man who abused a dog had to pay punitive damages (compensation as punishment) after the dog suffered head trauma due to his abusive actions.
Potential personal injury claims for a pet’s wrongful death
- Cost of treatment if the dog is injured
- Market or replacement value of the dog. In this case, claiming the cost of replacement will likely be more effective, as most pets don’t have much of a market value, while it can be costly to replace a dog if it is an expensive breed
- Sentimental value of the dog
- Emotional distress
- Additional damages to punish the person responsible
Talk to a lawyer
So, you think you can possibly file a personal injury complaint. However, you know that legal fees can be expensive and you don’t want to be taken for a ride. We’re here to tell you how your legal expenses can play out.
Most personal injury lawyers charge a contingency fee
This means that you won’t have to pay your lawyer any fees unless he wins your case. If you win, your lawyer will get a percentage of the amount that you claimed in the case. If you lose the case your lawyer won’t charge you any fees. But that doesn’t mean that you walk away from the trial with all your dimes in your pocket. You still need to pay for the costs of the trial and case expenses.
What’s the difference between costs and fees?
Simply put, fees are what a lawyer charges for his time, while costs are for his out-of-pocket expenses. Charging a contingency fee means that your lawyer is willing to waive the fees for his time if he loses the case (which he hopefully won’t), but will hold you accountable for the costs that he had to incur to make the trail happen. Seems fair, right?
Okay, what type of costs can you expect?
- Expert witness fees and costs
- Filing fees.
- The cost to hire investigators.
- Obtaining and preparing medical records and police reports.
- Exhibits for trials
- Jury fees
- Mediator fees
- Phone charges
- Research service fees
- Travel costs
The last thing that you want to worry about is getting into an accident while abroad. Although you are in vacation mode where everything feels like sunshine and cocktails, a host of bad things can still happen to you. Slips, falls, motor-vehicle accidents, ferry accidents – just about anything that can happen to you at home can also happen to you abroad.
Check your travel insurance
The first thing to do after getting medical help is to check whether your travel or car insurance will compensate you for your costs.
Check that you have all the evidence
Just as with any personal injury case, you need to have evidence if you want to file a case for compensation. Take pictures of the scene of the accident. Get a police report at the local authorities. Get the contact details of any witnesses as well as the information from the negligent party. You don’t want to get back home without any evidence of what happened during the accident abroad.
Check the jurisdiction
If you want to file a case against someone, you have to file it in a court which has jurisdiction over the subject matter and the individual that you’re suing. So, if you want to sue in New York, the person that you’re suing must have been in New York at some point e.g. or should have done business in New York or give consent to fall under New York jurisdiction. If the person responsible for your accident abroad has never set foot outside his home country, you’ll have to sue him in his own country.
Check whether you have a contract
If you have a contract with the person, tour operator, hotel etc. your contract will usually specify where and how you should file your complaint.
Call a personal injury lawyer
Here’s how you may be held responsible in New York
In 2012, it was estimated that New York City is the home to over 600,000 dogs. Their owners see them as 600,000 of the sweetest creatures while non-dog lovers see them as the 600,000 vicious sets of teeth just waiting to sink into your leg. Whichever side of the fence you’re standing on, the fact is that it is still possible that your sweet pooch may one day lose its cool and bite someone. Did your dog bite someone? Let’s look at the legal implications.
Can they sue you?
According to New York laws, you get the first bite for free. Seems fair. If your dog has bitten someone before, you will have to pay for any medical or veterinary costs. If the victim wants to claim any other damages, he or she would have to prove that the dog had dangerous tendencies and that you were aware of it. They can’t expect you to reimburse them just based on negligence.
What is proof that a dog has dangerous tendencies?
- Size and type of breed
- Watchdog or Lapdog?
- Aggressive behavior like biting or snapping
- Previous complaints about the dog’s behavior that were brought to your attention
- Fighting with other animals
- Using muzzles and chains to confine the dog at times may show that you know the dog is dangerous
- Written or verbal warnings about the animal
- Any statement by you about the animal’s character.
Everyone else is having a bit of a bittersweet laugh over Volkswagen’s superbly horrific recent history of car recalls due to faulty products. If it’s not massive carbon emissions, it’s faulty airbags or cars going up in flames. Yet, you’re not laughing because you have bought a Volkswagen product literally burnt to ashes.
What is product liability?
Cases like these are called product liability cases. This is because manufacturers are liable for any injuries caused by defective products that they have placed in the hands of the consumer through their distribution chain. In short, it’s not your fault that your car caught fire. If it was due to faulty vehicle design – it’s their fault.
Can you file a case as an individual?
- The product was defective in such a way that it was unreasonably dangerous for a consumer to use. One good example would be a car catching fire.
- You used the product in the way the manufacturer intended when it caused you personal injury.
- The product hasn’t changed substantially since it has been bought. If you made some major modifications to your car, you won’t stand much of a chance with a personal injury case.
Talk to a personal injury lawyer
Product liability cases are one of the types of cases that you can have evaluated by a personal injury lawyer. If you have been unfortunate enough to have bought a vehicle that had to be recalled for some bizarre reason like the ability to inconveniently catch fire, you can sue the manufacturer for personal injury.If you think you have a personal injury case against a manufacturer due to product liability, why don’t you give us a call at 212-804-8440 for a free consultation? Our lawyers here at Linden Law are experts in personal injury cases.
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- On average, 10 taxi accidents are reported each day.
- In 70% of those accidents, someone ends up getting hurt.
- Taxi companies arrange for a maximum of $100 000 per person for injuries due to a taxi accident and a maximum of $300 000 for all passengers combined.
- Taxi drivers’ income is directly related to their crash incidents. The higher their income, the less likely the driver is to make a taxi accident. The reverse is also true.
- Taxi passengers are more likely to be injured in a taxi crash than passengers in a normal car crash. This is partly because only 38% of taxi passengers wear seat belts compared to 90% seat-belt wearing passengers in private cars.
- Taxi drivers who own their own cars are less likely to be involved in a taxi accident than taxi drivers who lease their cars.
- One in every five car accidents in New York City was a taxi accident.
- Taxis are only involved in 16% of pedestrian crashes that lead to death or serious injury.
- The New York City Taxicab Fact Book doesn’t contain any stats on taxi accidents. Hmm…
- In 2014, the Upper East Side was the number one spot for taxi accidents with a whopping 2056 accidents occurring between March 2014 and April 2015.