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Exercising Your Legal Rights After a Serious Injury

Exercising Your Legal Rights After a Serious InjuryCar accidents, negligent medical misdiagnosis, construction site accidents, and even simple slips and falls can all result in serious injuries that change your life in the blink of an eye. But after a major accident, victims are often in a state of shock, unsure where to turn or what to do. In many cases, victims are unaware they may have grounds for a lawsuit, and a fair settlement can help them pay for medical bills, missed work time, and other major expenses they would not be able to afford otherwise. I’ll tell you more about serious injury cases below, and when an experienced New York personal injury attorney at Buttafuoco & Associates can help.

Serious Car and Motorcycle Crash Injuries

A serious car crash is one of the most devastating accidents a person can encounter. Horrible disfiguring injuries, spine surgeries, paralysis, and fractured bones are just a few of the severe injuries that frequently occur during a major accident. However, under New York law, not every injury qualifies as “serious,” which means you may or may not be able to file a lawsuit for damages beyond those that cover basic medical expenses and lost wages.

Under Article 51 of the New York State Insurance Law, a serious injury is defined as either an injury whose economic losses for medical bills and lost wages total over $50,000, or one of the following injuries:

  • Death
  • Dismemberment
  • Fractures
  • Loss of fetus
  • Permanent loss of organ function or systems
  • Permanent limited use of an organ
  • A non-permanent injury that prevents the injured party from performing their usual activities for 90 out of an 180 day period after the accident.

Interestingly, motorcycle accident injuries are not included within the New York serious injury threshold. Therefore, if someone else’s negligence caused your injuries while you were riding a motorcycle, you can sue them for even minor injuries and damages including medical bills, lost wages, pain and suffering, emotional distress, and punitive damages. (Punitive damages are not related to injury expenses, but are rather a punishment for negligent behavior.) If you have sustained serious injuries in a car or motorcycle accident, a New York personal injury attorney at Buttafuoco & Associates may be able to help.

Serious Construction Site Injuries

Construction is one of the most dangerous occupations in the country, and New York City is especially notorious for serious injuries occurring onsite. Falls from great heights, collapsing trenches and scaffolding, accidents with tools and machinery, and electrical accidents can all result in injuries on par, or even worse, than those sustained during a serious car accident. Burns, electrocution, broken bones, and spinal cord injuries resulting in paralysis and requiring major surgery are all common accidents on construction sites.

Many different parties may be at fault for these types of injuries, including manufacturers of equipment, supervisors, or even another employee’s negligence. This is why it’s essential to work with a personal injury lawyer serving New York in order to ensure that the proper parties are held responsible.

Cancer Misdiagnosis

Cancer misdiagnosis is among the gravest of serious injuries, and the frightening reality is that doctors fail to catch cancer with great frequency. Obviously, the worst case scenario is if the cancer is caught too late to be effectively treated, and this is often when lawsuits come into play. But even if cancer is caught before it is terminal, expensive medical bills, missed work, and pain and suffering can devastate victims’ lives.

However, just because a doctor did not diagnose your cancer right away, this doesn’t necessarily mean you have a lawsuit. In order to win a malpractice suit, you must prove that the doctor had a duty to care for you, meaning that a doctor-patient relationship existed. Second, you must establish breach by proving that the cancer misdiagnosis occurred because the doctor did not apply an appropriate medical standard of care.

If you can show that the doctor made a mistake that another reasonable doctor would not have made, this can prove breach. The final element you must prove is damages, in other words showing that you were harmed or injured by the doctor’s failure to diagnose your cancer in time. Because these cases can be incredibly complex, it is best to work with an attorney to ensure that you have the proof you need to proceed with your lawsuit.

Get Help from a Trusted Attorney

No matter what type of serious injury you have suffered, the personal injury lawyers serving New York at Buttafuoco & Associates are here to help. After a free consultation, if you have a strong serious injury case, we will fight for your rights and strive to maximize your compensation for your injuries.
If you have a serious injury, don’t hesitate to get in touch with us today at 1-800-HURT-NOW.


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