long island personal injury law - how to determine if you have a case
When you are involved in an accident caused by another party’s negligence or harmful actions, you will want to seek any damages you may be entitled to. You will need assistance pulling apart the two main points of concern; liability and extent of damages. When you have experienced an injury due to the harmful actions of another, your case can fall under the category of intentional tort (intentional, wrongful act) or negligent tort (lack of appropriate care due to negligence).Regardless of the foundation of whether or not it was intentional or negligent, a personal injury case is an overwhelming undertaking for you. Here are a few issues you will need to know when it comes to personal injury:Intentional TortDetermining the difference between intentional tort and negligent tort relies upon the state of mind of the person causing the personal injury. Here are a few examples of intentional tort: AssaultBatteryDefamationFraudIn the case of a negligent tort, the party causes personal injury to another but does so through lack of reasonable care or safety.There are several forms of personal injury cases; here are a few examples:Auto accidentSlip-and-fallMotorcycle accidentJob site accidentsNegligenceMedical malpracticeImproper disposal of hazardous wasteFaulty equipmentWorkplace injuriesTo determine whether or not you have a case, your claim must be under the guidelines of your particular state’s personal injury statute of limitations. Check with an experienced attorney to find out your rights.For an intentional tort case, it is necessary to obtain evidence toward the end that the person causing the damages did so knowingly and with intent.The following elements are necessary to explore in determining negligence:1. Duty of care – a legal duty for the safety of others2. Breach – that legal duty was not carried out3. Defendant caused loss to plaintiff – injuries are suffered4. Damages are suffered due to negligence – financial awards to the injured partyA personal injury case will require medical documentation. Some personal injury cases include mental health injuries, illness or disease, which need documentation from a professional, as well.After the injury, there are several important factors to remember:Seek medical treatmentKeep organized documentationSeek the expert legal advice and counsel of an experienced Personal Injury law firmThe expert team of Long Island Injury Lawyers at Winkler Kurtz, LLP have years of experience in Personal Injury claims. We can help you with the filing of your claim, through the discovery process (where medical documentation, records, and evidence are produced) and all the way up through settlement.In order to prove liability and recover the extent of damages you deserve for your injury, contact our highly skilled attorneys for a free consultation to see how we can help you both now and in your future.
Long Island Boating Accidents - What You Need to Know
Every year, thousands of Long Island boaters celebrate Labor Day weekend out on the water as they bid farewell to summer. Long Island is well-known for its beautiful shores, but unfortunately what begins as a trip out to sea can sometimes turn into an accident.Unfortunately, this was the case for a 12-year-old Long Island boy this summer. According to reports, the boy was participating in a boating lesson drill in the harbor of Northport when he fell into the water and was injured by the boat’s propeller. Sadly, he did not survive the accident.While legislators are pushing for new laws, in the meantime boating accidents and fatalities still remain a reality. For the unsettling statistics on propeller accidents, click the news article here:In other news this summer, a jet ski operator collided with a small boat in New York Harbor, as well. The jet skier, unconscious when removed from the water, was said to be in critical condition upon arriving at a medical facility. Thousands of accidents and injuries along with hundreds of deaths were seen by the U.S. Coast Guard in previous years. Here are just a few examples of possible causes:Possible Causes of Boating Accidents:Alcohol abuse – whether on land or by sea, abusing alcohol can and does have serious repercussionsNegligence – Not following safety protocol, not following appropriate seafaring rules or not paying attention while piloting a watercraft can cause serious damageDisregard for proper safety protocol and precautions – Continuing to operate a vessel while allowing passengers to exhibit unsafe behavior; not following regulations for underaged children wearing life vestsInexperienced operator – It is of the utmost importance for an operator of a water vessel to obtain the proper licenses, registrations, and take the appropriate safety courses in order to safely operate sameWhile each case is different, there are many damages that can occur as a result of a watercraft accident; here are a few: Damages Resulting from Boating AccidentsFatalityInjuryLoss of future opportunities professionally, personally, and financiallyIncome lossPain and sufferingEmotional duress When it comes to watercraft accidents, it is in your best interest to have an expert legal team on your side that specializes in personal injury accidents. If you or a family member is a victim of a boating accident or injury, contact the experienced Injury Lawyers at Winkler Kurtz, LLP to schedule a free consultation and find out what you may be entitled to. Since 1987, our team of experienced Boating Accident Attorneys have been helping Long Island car accident victims receive the maximum compensation for their injuries and helping to get their lives back on track. Contact us today at (631) 928-8000 for a free, no obligation consultation with our Attorneys to find out how we can help.
Long Island Injury Law Blog - Technology, Distracted Driving & Car Accidents
One of the first things we are taught in driving school is to buckle up our seat belts. Next is to keep our eyes on the road and our hands on the wheel. Sadly, with so much technology at our fingertips, these staples of safe driving are being neglected more each day.
Medical Malpractice - What You Need to Know
When entering into medical care for ourselves or our families, whether for diagnosis or, unfortunately, under medical emergencies, we expect the best medical treatment and highest level of care. When medical professionals or providers disregard appropriate treatment, neglect to take applicable action, or offer care that is less than an acceptable level and standard of care, medical malpractice results.
Injured On the Job? Here's What you Need to Know About Workplace Related Injuries
Injured on the Job? Our Attorneys have been representing Workplace Related Injuries since 1987. Give us a call at (631) 928-8000 to schedule a FREE Consultation.
Personal Injury Law Blog
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