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New City Personal Injury Law Blog

Street racing proves to be a deadly venture

A New York man and his two children are dead after a street racing incident ended in a fiery crash. One of the drivers was indicted on vehicular homicide and drunk driving. Charges were brought to three others for varying crimes. This horrific occurrence is one example of street racing that proves it to be a deadly venture.

A 24-year-old man who was allegedly one of the drivers pleaded not guilty to 41 different counts. This man was driving under the influence at speeds that reached 100 miles per hour when he slammed into the car of a family of four. The family’s vehicle immediately burst into flames. The accused man and others stood by and ignored calls for help from the lone survivor of the terrible crash, the mother.   

Who files for wrongful death, and when must it be done?

The sudden and unexpected loss of a loved one in a fatal car crash can have a devastating effect on the victim’s family. New York provides a method by which family members may receive compensation, but the law does not give them the right to file the claim. Instead, the personal representative of the deceased victim’s estate, be it an executor or administrator, must bring the lawsuit on behalf of the survivors.

Not permitting the family members of the victim of a fatal accident to file a wrongful death cause of action is just one of the ways in which New York differs from other states. Some states allow family members to receive compensation for their pain and suffering associated with the loss of a loved one, but New York does not allow for such damages. 

Wrongful death lawsuit filed in aftermath of racetrack accident

The death of race car driver Kevin Ward in an incident that took place at New York's Canandaigua Motorsports Park has led to a wrongful death lawsuit by his surviving family members against fellow driver Tony Stewart. The events leading to the death were widely televised, showing Ward exiting his vehicle after an accident and walking onto the race track to confront Stewart, who hit him with his vehicle, causing fatal injuries to Ward.

A grand jury declined to indict Stewart in connection with the incident, but in a civil wrongful death action the standard of proof is "preponderance of the evidence" which is not as stringent as a criminal "beyond a reasonable doubt" standard.

Getting the help you need in a medical malpractice case

Consider a hypothetical, in which you have suffered an injury that requires surgery. You undergo the procedure, and after a few days the hospital releases you to go back home.

You think that the worst is behind you. A little recovery time, and you’ll be back to your old self.

Study shows teenagers pose distracted driver risk

The desire of some parents to stay in contact when their teenagers are out with friends may be contributing to the unsafe driving habits seen in young people. Fifty percent of the teenagers surveyed in a recent study admitted to texting and driving, and 19 percent of the texting group blamed it on their parents for expecting a response within one minute.

In fairness to mom and dad, responses from the teens admitted that parents did not always know their children were behind the wheel of a car when text messages came through. The study also found that teenaged texting while driving involved more than just staying in touch with their parents. Texts sent to friends contributed to creating a distracted driver when some teens take the wheel.

Are there special rules for children car accident victims?

States want people suffering serious injury in a car collision to file their claim with the courts within a reasonable period of time from the date of the accident. The concern is that witnesses can move away or forget the facts of what they saw if too much time is allowed to elapse. Moving the case along also gives the person being sued an opportunity to conduct a proper accident investigation soon after the event occurred.

An adult car accident victim has three years from the date of the accident within which to file a lawsuit for compensation in New York. Filing a lawsuit after the three years has expired is subject to being dismissed at the request of the defendant on the grounds of the expiration of the statute of limitations.

Legal doctrine that helps plaintiffs in premises liability cases

We previously reviewed the elements that must be proven for a person seeking compensation for injuries to succeed in a premises liability case. One of those elements is negligence on the part of the owner or person in control of the premises.

Under the theory of res ipsa loquitor, an injured party may be able to rely on a presumption of negligence to shift the burden to the defendant to prove the absence of fault. The phrase is Latin translates to “the think speaks for itself.”

Do workers' compensation claims prevent third-party lawsuits?

Workers’ compensation laws were enacted to protect you in the event of a workplace injury accident. Instead of having to pay medical expenses out of your own pocket and sue your employer for reimbursement and for lost wages, states came up with a better system.

A worker in New City who suffers a repetitive stress injury or who is a work accident victim may now file a claim for workers’ compensation benefits instead of having to sue an employer. Benefits payable to or on behalf a worker include medical expenses, full or partial disability compensation, and lost wages. 

What kinds of benefits are available under workers' compensation?

If you are employed, then you are probably already aware that if you are injured on the job or fall ill to a work-related sickness then you are likely covered by New York's system for workers' compensation benefits. But what exactly do those benefits cover? 

Part of having workers compensation benefits available is knowing whether you qualify and how to apply for them; another key consideration is understanding which benefits you are entitled to. If you have questions about what benefits you can make a claim for, or need assistance in making the claim itself, then a law firm that practices in the area of workers compensation benefits law can assist you.

Hospital negligence often accompanies medical malpractice

You may already be familiar with with the legal concept of medical malpractice, which occurs when a health care professional acts in a negligent manner and thereby causes harm to the patient. There also exists another possible cause of action whenever a medical malpractice situation occurs, which is known as hospital negligence. Hospital negligence is a distinct claim that is often raised in connection with a medical malpractice lawsuit, although it does not depend on an underlying act of medical malpractice and may be brought independently.

The concept of hospital negligence is that you can be harmed in a health care setting under theories based more along the lines of premises liability or agency law. For example, a business -- and most hospitals, clinics, doctors offices and pharmacies operate as businesses -- owes a duty to its patrons to protect them from foreseeable injury. Likewise, a health care facility owes patients a similar duty of care to protect them from foreseeable harm.

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