Negligence occurs in almost any way imaginable. In its most basic definition,
negligence arises when a person or party fails to adhere to legal standards
previously set forth that were created to prevent others from being unreasonably
harmed. If the offending party has not acted in a manner consistent with
the ways in which other reasonably prudent people under similar circumstances
would have behaved, then the offending party has acted negligently.
Experienced Kingston personal injury attorneys know the myriad of ways in which people are injured by the negligent acts
of others. Traumatic brain injuries, spinal cord injuries, avoidable injuries
to children, bone fractures, and even death occur quite often when people
Traumatic Brain Injuries
Traumatic brain injuries (hereinafter “TBIs”) are as serious
health conditions that must immediately be addressed. They can result
from even “minor” impacts with a person’s body; particularly,
sudden and violent impacts between an object and an individual’s
brain. The impact could be with an external object, such as a sidewalk,
or the impact can be between the brain and the interior human skull.
The effects of TBIs may not manifest until well after the trauma took place,
making it harder for medical practitioners to properly diagnose. While
some effects of TBIs are temporary, other times the effects are permanent.
It depends on how the TBI is categorized; mild, moderate, or severe.
Spinal Cord Injuries
Spinal cord injuries occur as a result of
slipping and falling, being hurt during athletic activities, from
motor vehicle accidents, workplace accidents,
construction accidents, and many other types of incidents. Many times, the injury could have
been prevented and was the result of a negligent act.
The result is often temporary or permanent paralysis. Such injuries completely
change the course of the injured party’s life; familial relationships
are forever changed and careers are altered if not destroyed. As a result,
income is lost at the same time that medical expenses are at their highest.
Recovering from a spinal cord injury will take months if not years.
Recovering from your losses involves getting compensation from those that
have harmed you. An
experienced Kingston personal injury attorney knows that you may receive compensation even if someone is claiming that
you are partly to blame. This is because New York is a comparative fault
jurisdiction in which injured plaintiffs will only have their compensation
reduced by the degree of their culpability, instead of having their compensation barred.
Injuries to Children
Children are within a class of persons in our society who are especially
vulnerable. Not only are they not in a position of general or legal authority,
they are also not as physically strong as adults. Their bodies are growing,
their brains are still developing, and they live in physical spaces mostly
designed for use by adults.
Motor vehicle accidents are of particular harm to children. While safety
restrains may have been properly used, as stated above, a child is more
fragile than is an adult. Moreover, since children are under the care
of adults, they can be more susceptible to harm from others’ negligent acts.
New York recognizes the unique situations of children and has statutorily
extended the time in which a suit can be commenced after a negligent act
has caused them harm.
Section 208 of the New York Civil Procedure Law provides that a child may commence an action in negligence for up to three
years after their eighteenth birthday. Medical malpractice actions allow
the child ten years to commence suit, with the clock beginning on the
date that the malpractice occurred.
A wrongful death claim may be brought by a family member of a decedent
who was wrongfully and negligently killed by another person or party.
Any family sufficiently close in genealogy to the decedent may bring the
claim, such as a child, spouse, or parent, to name a few.
Wrongful death claims may arise from many different accidents such as workplace
accidents, motor vehicle accidents, accidents on the property of others,
medical malpractice. Typically, compensation is for lost economic support
and may also be for lost companionship.
In conclusion, you should know that injury comes in many different forms,
all of which may be compensable. Injuries may be in the form of physical
harm; cuts, broken bones, concussions. Harm may be psychological as well;
anxiety, depression, thoughts of suicide. Lastly, your injury may be cognitive;
a loss in the ability to perform mental tasks.