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Metro New York area real estate attorney

In March 2021, there were over 1600 instances of felony assault and 34 murders in New York City alone. The New York criminal justice system is responsible for holding perpetrators of violence accountable for their horrific actions. While a criminal conviction may result in punitive consequences including imprisonment, criminal penalties do not directly address the harm suffered by the victim or the victim’s surviving family members. A personal injury lawsuit or wrongful death lawsuit may allow for the recovery of damages as well as accountability through the civil legal system.

Filing a Claim Against the Perpetrator of Violence

Per New York law, a personal injury or wrongful death claim may be filed when:

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Posted on in Personal Injury

Metro New York personal injury attorney

You probably already know that personal injury cases are intended to help injured clients recover financial compensation for damages. Medical expenses, lost income from missed work, reduced earning capacity, pain and suffering, and loss of enjoyment of life are all damages for which an injured person may receive compensation. You may be less sure of how the personal injury claim process actually works. What are the steps involved in an injury case? How long do personal injury cases take to resolve? Will I have to go to court? These are all questions that vary from case to case. However, most personal injury cases follow the same basic steps.

Initial Investigation and Sending a Demand Letter

Whether you are interested in filing a personal injury claim after a car accident, assault, construction site accident, or another injury-causing incident, typically, the first step is investigating the cause of the injury. Your personal injury lawyer will ask you questions about the accident or incident. Next, he or she will start to gather evidence like police reports and records of medical treatment that you have received for your injuries.

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Greenwich, CT personal injury attorney car accident

A personal injury claim is a civil legal action that an injured individual may take against the party that injured him or her. Many personal injury claims are based on the concept of “negligence” or carelessness. Most car accidents, premises liability, and product liability claims are negligence-based claims. However, a personal injury claim may also be founded upon an intentional tort such as an assault, battery, or homicide.

Civil Claims Based on Intentional Wrongdoing

Most personal injury claims are founded upon an accusation of negligence. In a negligence-based claim, the plaintiff must prove that the defendant’s careless or irresponsible actions caused him or her harm. A personal injury claim may also be founded upon an intentionally harmful act such as:

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Metro New York personal injury attorney wrongful death

Car accidents involving pedestrians are often fatal. In 2018 alone, over 6,000 individuals lost their lives in pedestrian accidents. Many of these accidents were caused by drivers who were distracted by technology, driving under the influence (DUI) of alcohol or drugs, speeding, or otherwise acted recklessly or negligently. If your loved one passed away after being struck by a vehicle in New York, you may have a valid wrongful death case.

New York Laws Regarding Wrongful Death Claims

You may assume that any tragic death is considered a “wrongful death.” However, New York law specifies the requirements that must be met in order for a successful wrongful death lawsuit to be possible. These requirements include:

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Metro New York area personal injury attorney slip and fall

If you or a loved one were injured on a commercial property in Connecticut, you may have questions about who is legally responsible for the injuries. Premises liability laws govern property owners’ liability for injuries that occur on their properties. Property owners are not expected to prevent every injury, but they are expected to take steps to reduce the chances of people being injured while visiting the property. Property owners may be held accountable for injuries caused by their negligence through a premises liability claim.

Understanding a Property Owner’s Legal Duty of Care

Commercial property owners must meet certain safety standards by law. Owners and occupiers of commercial properties must keep the premises free of hazards and unsafe conditions. If an unsafe condition does exist, they are expected to provide adequate warnings to visitors about the danger. Premises liability laws apply to owners and operators of:

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