Accident Settlements
Automobile accidents, motorcycle accidents, accidents involving trucks and railroads, construction accidents, medical malpractice, and workplace accidents, which are caused by acts of negligence or willful misconduct, are litigated in civil court. If the accident involves a criminal activity such as DUI, the case may also be investigated by the federal government. A personal injury attorney practices accident injury law and would be the most-suited to negotiate a settlement on your behalf. Damages for pain and suffering, medical expenses, property damage, and loss of earnings can be awarded to an individual injured in an accident.
Settlements & Verdicts of New York City Personal Injury lawyers
- Construction site accidents
- Medical and other professional malpractice
- Motor vehicle accidents
- Slip and fall
- Premises liability
- Wrongful death
- Lead poisoning
- Asbestos and mesothelioma
Below is just a sample of the numerous multi-million dollar awards that have been settled by the law firm.
- $5.5 million dollar settlement in a medical malpractice case against an obstetrician/gynecologist for injuries to an infant during childbirth.
- $3.7 million dollar structured settlement for injuries in a motor vehicle accident as follows: $2.5 million dollars for the husband, a severely injured driver of a car and $1.2 million dollars for is wife for the loss of services, society and consortium of her injured husband
- $3.5 million dollar settlement for a construction worker, an ironworker, who was injured on the job losing part of his leg.
- $3.1 million dollar structured settlement against a hospital and obstetrician/ gynecologist for the death of a woman during child birth.
- $3.1 million dollar settlement for an ornamental ironworker who suffered injuries when he fell off an unsafe ramp on a construction site.
- $3.1 million dollar settlement in a medical malpractice action for a 68 year old woman who suffered a stroke during surgery as a result of the negligence of an anesthesiologist.
- $3 million dollar settlement for a construction worker who, while performing his job, was struck by a New York City Sanitation truck suffering leg and back injuries.
- $2.62 million dollar settlement for a structural ironworker suffering leg and back injuries as a result of falling off a scaffold.
- $2.5 million dollar settlement for a young woman, a passenger in a motor vehicle which struck a horse on a road on an Indian reservation in Arizona.
- $2.5 million dollar settlement against the doctors and hospital for failing to diagnose and treat a pneumothorax (collapsed lung).
Should You Sue for Your Accident Injuries?
A common question clients ask is if they should sue for injuries sustained in an accident. The answer is usually multifaceted, and depends upon many different aspects of the case. When making the decision to sue or not, a few things to consider include the following:
Was the accident the result of negligence, carelessness or recklessness? Malicious or intended harmful actions are typically the stuff of criminal lawsuits. For a civil case, your accident attorney needs to show that a reasonable amount of caution or care was not taken, and that failure to do so resulted in your injury. It does not matter whether or not the responsible party meant to do harm. What matters is that it occurred, and they can be held accountable.
Many different defendants can be named in a lawsuit. Certain individuals and agencies have a responsibility to protect others from harm. Keep in mind that any responsible parties not present at the time an accident occurred may still be liable. For example:
- If you were injured in a car accident, partial blame may lay with your mechanic, for missing an important aspect of routine maintenance that would have prevented a tragedy.
- Road maintenance crews and their supervisors may fail to fill the potholes that cause a crash.
- Doctors can fail to diagnose a serious illness, leading to irreparable bodily harm, and even death.
- A defective product can result in a need to sue the manufacturer, distributor or retailer of the item if it caused an injury. This type of suit falls under the heading of products liability.
- If you are on property belonging to another person or company, and there is a reasonable expectation for you to be there, those parties can be sued in a slip and fall case. They have a responsibility to maintain your well-being while you are on their property.
Does enough evidence exist for your case? Did you suffer a loss due to your injuries? Were there witnesses to the accident? Is there a direct link between the harm caused and the failure of the defendant to act responsibly? Although these are all good questions to consider, in the end, your New York accident attorney is the best person to determine if you have a potentially winning suit.
Are you looking for an accomplished New York accident law firm? Stephen R. Foley and his New York accident law firms give you comprehensive legal help to restore your financial health. We're locates at 36 Church St, Buffalo, NY 14202.
Automakers Responding More Aggressively to Lawsuits
In light of the recent issues about sudden acceleration problems in Toyotas and the increase in lawsuits and possible settlement costs associated with them, the legal landscape is changing. A report by the Dallas Morning News states that automakers are pursuing increasingly aggressive legal strategies in the face of vehicle defect lawsuits. As a result, the number of settlements for defective vehicles is on the decline and the number of defendant appeals is on the rise.
The report speaks generally about automakers and doesn't single out Toyota for having any more or less of a litigious approach to the sudden acceleration problems of its several models. However, it does note that the appeals in Texas in particular are more likely to be ruled in favor of the automakers, and the disputes over the causes of sudden acceleration only muddy the waters.
Even with the bad publicity, the Toyota cases won't be slam dunks. Indeed, a report this month regarding sudden acceleration cases may make it harder for plaintiffs to win against Toyota. The National Highway Transportation Safety Administration's examination of 58 cases of sudden acceleration suggested no defect with Toyota's electronics in many of the crashes and incidents studied.
That said, many a defective vehicle lawyer have suggested Toyota's shifting explanations for the sudden acceleration combined with its failure to address electrical systems that control the engines make it difficult for Toyota to duck responsibility. The cumulative cost of all the settlements could encourage the automaker to raise the stakes and take sudden acceleration claims to trial, especially in states and federal circuits where the environment is more hostile to plaintiffs.
NY Slip Fall Lawyers
The responsibility for a NY slip fall injury can be challenging to prove under the law. In a typical NY slip fall case, property owners attempt to claim negligence on the part of the injured party. This is why it is so important for the victim of a slip and fall accident in NY to seek the assistance of a highlight experienced slip fall attorney in NY who can help provide the solid evidence that shows where the liability truly lies.
When you retain a NY slip fall lawyer from Altier & Vogt LLC, you gain over five decades of personal injury experience. Our experience, combined with specialized investigative resources and expert witnesses help provide the proof you need to prove who was truly responsible for your NY slip fall accident. And, that proof helps our NY slip and fall accident attorneys ensure the best possible results for your case.
