Practice Area

Personal Injury

An injury claim is a race against deadlines and a fight over proof. Here is how the six most common personal injury cases work, what you have to show to win, and the rules that change across New York, New Jersey, Connecticut, and Florida.

6Case Types
4States Covered
Articles

How Each Case Type Works

Why you may have a claim

Car Accident

Negligence · motor vehicle claims

If another driver was careless, whether by speeding, texting, running a light, or driving impaired, and that carelessness caused your injuries, you may have a claim. A claim can help cover medical bills, lost income, and pain and suffering. Drivers are not the only ones who can bring one: passengers, pedestrians, and cyclists hurt in a crash may have claims too, sometimes against a vehicle owner, an employer, or a company responsible for a defective part or a dangerous road.

The Core Question
Who was careless?
and did it cause your injuries
Who Can Bring a Claim
Drivers, passengers, pedestrians, cyclists

Slip-and-Fall

Premises liability

Property owners and businesses have a duty to keep their premises reasonably safe. If you were hurt because of a hazard such as a wet floor, broken stairs, poor lighting, ice, or an uneven walkway, and the owner knew or should have known about it but failed to fix it or warn you, you may have a claim. These cases come up in stores, restaurants, apartment buildings, parking lots, and public sidewalks.

The Core Question
Did they know?
or should they have known about the hazard
Common Hazards
Wet floors, ice, broken stairs, poor lighting

Medical Malpractice

Professional negligence

Doctors, nurses, hospitals, and other providers are expected to meet the accepted standard of care. If a provider missed or delayed a diagnosis, made a surgical or medication error, or failed to properly monitor or treat you, and that mistake caused harm, you may have a claim. A bad outcome on its own is not malpractice. The question is whether the care fell below what a reasonable provider would have done and whether that failure made you worse off.

The Core Question
Standard of care
was it met, and did the failure cause harm
Common Errors
Missed diagnoses, surgical and medication mistakes

Sexual Abuse

Individual & institutional liability

Survivors of sexual abuse may have a claim against the person who abused them and, often, against the institution that allowed it to happen. Schools, religious organizations, youth programs, employers, and care facilities can be held responsible when they failed to screen, supervise, or remove someone they knew or should have known was a danger. These claims seek compensation for the lasting emotional, psychological, and physical harm that abuse causes.

Who May Be Responsible
The institution
as well as the abuser
Common Settings
Schools, churches, youth programs, care facilities

Construction Accident

Workplace & third-party liability

Construction sites are among the most dangerous places to work. If you were hurt in a fall from a ladder or scaffold, struck by a falling object, injured by heavy equipment, or harmed by an unsafe site condition, you may have a claim beyond workers’ compensation. Property owners, general contractors, subcontractors, and equipment manufacturers can be responsible when they fail to provide proper safety equipment or keep the site safe.

Who May Be Responsible
Owners & contractors
not just your employer
Common Accidents
Falls, falling objects, equipment injuries

Products Liability

Defective products

Companies that design, make, and sell products are responsible for making them reasonably safe. If you were hurt by a product that was badly made, dangerously designed, or sold without adequate warnings or instructions, you may have a claim against the manufacturer, distributor, or seller. These cases can involve anything from vehicles and power tools to medical devices, medications, and everyday household goods.

Types of Defect
3
manufacturing, design, warning
Who May Be Responsible
Manufacturers, distributors, sellers

Latest in Personal Injury

After an Injury Checklist
Get medical care and keep every record and bill
Write down what happened while it is fresh
Photograph your injuries, the scene, and the hazard
Collect names and numbers of any witnesses
Keep the defective product or damaged property
Don’t give a recorded statement to the other side’s insurer
Find your filing and notice deadlines right away

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