If you’re seeking a financial award from a party that has wronged you in the past, you’ll be heading to court in the capacity of a civil lawsuit. Civil suits differ significantly from how they’re usually portrayed on TV court dramas. If you have questions regarding the process of a civil case, contact your New York injury or accident attorney. In the meantime, take note of some significant factors involving civil litigation.
The Judge Makes the Call
While jurors can be called in for civil cases, they’re typically only used for criminal cases. When it comes to civil cases, the judge is usually the one who makes the final decision. However, if a jury is utilized the first step in a civil case will be to have the judge, as well as both the lawyers, take part in jury selection.
The Standard of Proof
If a defendant in a criminal trial is to be convicted, they must be proven guilty beyond a shadow of a doubt. However, in civil cases only a “preponderance of the evidence” must be established so as to award the plaintiff a victory. In laymen’s terms, the standard of proof for civil cases is lower, and in effect, the case put forward doesn’t have to be as convincing as the one established in a criminal trial. That being said, it can still prove difficult to find a party at fault for a bus, sidewalk or medical malpractice injury.
Quite often, civil cases are settled out of court. A settlement occurs when the defendant knows that the chances of them losing are high, if not certain. Settlements will range depending on the injury incurred and the party that is deemed to have been in the wrong. Secure a top-quality injury attorney to ensure a satisfying settlement.
Any injury regarding the brain can have severe and lifelong consequences. Should an injury be sustained through no fault of your own, you may be able to seek financial compensation for your injury. You can be the recipient of a brain injury at any time, from any party. Having suffered an injury to the brain can mean lifelong medical appointments and a change in lifestyle or work prospects. Such drastic changes deserve compensation. Contact a New York brain injury lawyer attorney to understand the ins and outs of a brain injury civil case. In the meantime get primed on what to expect in such a case.
Depending on the severity of the injury and the party involved, a brain injury case can easily yield over $100,000 for the victim. However, $100,000 may not go straight into the pocket of the victim. Independent medical experts, damage experts, court expenses, and the price of interviewing witnesses must all be taken into account.
Claims are based on both the symptoms that are being suffered during the trial as well as projections of how the brain might change in the future. Multiple tests will be taken to understand how the brain has been affected and how that will affect you regarding your work and overall quality of life. Such measurements will be used to determine how much money the plaintiff will ask of the defendant. Damages, life care costs, loss of earning potential, and loss of enjoyment of life will all be taken into account.
Should you or a loved one be afflicted by a brain injury, it’s important that you take legal means to receive financial compensation. A brain injury is something that a victim carries with them through the entirety of their life. Win the financial support you deserve with the help of an experienced New York brain injury attorney.
Quality public transportation is a boon to any city. NYC understands and appreciates the positive impact that bus transportation offers its citizens. Without quality public transport, many NYC residents wouldn’t be able to have certain jobs or travel to various parts of the city. While such transportation is appreciated, we must understand that if any injury occurs while riding a bus, the victim may have a case. Get in touch with a New York bus accident lawyer if you think you may want to press charges. To understand if you may have a case, let’s take a look at what may carry water regarding a bus accident civil case.
First, we must understand that there is potentially more than one party that can be at fault during a bus accident case. Bus drivers, the bus management company, equipment manufacturers, other drivers, as well as the government can all potentially be at fault should an accident and subsequent injury occur.
During the bus ride, riders should be on the lookout for a number of things such as reckless driving, driving under the influence, poor bus equipment, improper maintenance, odd route choice, etc. After a bus accident occurs, it’s important that you identify the person or parties at fault. This can be tougher than it seems, which is why it’s vital that a bus accident attorney is hired to assist you in your civil court case. Be aware that, most likely, you are not the only individual who sustained an injury and that you have a number of witnesses that will speak up for you should you take the case to court.
After an accident, take note of all that has happened. Be sure to get eyewitness accounts and take pictures of the bus, other cars, and roadway. Gathering such evidence will be vital to building a solid case in court.
Construction zones are rife with hazards. Heavy machinery is constantly on the move, buildings are partially built, and workers are all over the place. Even more important than getting the job done, construction workers should focus on not getting injured while on the job. Injuries lead to less work being done, more stress, and potential lawsuits. If you had an accident while on the job, call a construction accident lawyer based in New York. Before an injury can take place, implement the following to ensure a safe environment.
Talking when on the job regarding any hazards or concerns is of vital importance when working construction. The lines of communication must remain open at all times. Workers must be in tune with each other to make sure that there is no miscommunication. Workers must be aware at all times where sensitive construction work is being done so as not to put themselves in the line of fire.
Tools & Reflective Vests
No matter what type of construction work is being done, vests and helmets must be worn at all time. Even if the construction zone is deemed to be minimally dangerous, workers must take necessary precautions. Head injuries are both common and potentially fatal, making it all the more important that helmets are worn. Vests increase visibility at construction sites and are integral pieces to creating a safe environment.
When in a construction zone, one needs to be on full alert. Workers need to work in whatever weather conditions are present. This being the case, rain, snow, or a scalding hot sun all lead to quicker fatigue among workers. Keep the construction team alert by providing ample breaks. Make sure the crew is drinking plenty of water and doesn’t overheat.
For more questions regarding construction safety or work related litigation, contact a construction accident lawyer in the New York area.
Personal injury and medical malpractice cases can be complex affairs that require a professional litigation team by your side. You also need professionals who understand the complexities of what constitutes medical malpractice that leads to personal injury sustained as a result of the defendant’s negligence. Once you have a New York medical malpractice or personal injury attorney by your side you can start to create a strong case. That being said, personal injury and medical malpractice cases aren’t the easiest to win and require proving three things: liability, damages, and collectability.
Having someone be liable means that they have done something incorrectly or failed to do something and as a result, you have been harmed. Regarding a medical malpractice case, this could mean that the doctor failed to diagnose a patient. Liability would only occur if, as a result of misdiagnosis, the patient incurred an injury.
Damage deals with the severity of the injury that was caused. Damages involve how long you were injured for, if it inhibited you from working, the medical bills incurred, etc. Understanding how to quantify these damages is an important aspect of any civil case. Knowing how much these damages have cost a victim is crucial in figuring out how much should be asked of the plaintiff if a settlement should occur.
Receiving the money that you believe is owed to you depends on the company or individual that has wronged you. Often, it is not an easy endeavor to discover the financial resources the defendant has. Finding out how much a company or individual is worth will affect how much money the plaintiff asks for.
If the three aspects above of a civil case can be understood and integrated into a strong case, you will most likely walk out of court with a favorable decision.
There is a plethora of New York-based injury and malpractice attorneys to choose from; so how do you know who’s the best. The best way to inform yourself about a particular lawyer or law firm is to look at their resume. If the law firm has a history of winning cases that are similar to yours, you can then infer that they have adequate experience in pertinent civil court proceedings. Law firms should want to boast about their successful cases. If you can’t find a list of cases won on a law firm’s website, it’s most likely because they don’t have any accomplishments worth displaying. ISK, on the other hand, has some noteworthy cases that they’re more than happy to talk about. Here are just some of the many cases that ISK have won for their clients.
New York Auto Accident
Motor accidents are plentiful and incredibly dangerous. One of the leading causes of death in America, motor vehicle accidents can result in life-altering injuries. This being the case, it’s important that your NY auto accident lawyer does everything in their power to win a potentially life-altering case. ISK reached a $2.3 million settlement for a client after a truck ran a red light and killed the victim.
New York Slip & Fall
It is the responsibility of the property owners -both private and public- to make sure that their properties are safe. If they fail to create a safe setting for those who are on their property, they may be dealing with legal issues down the road should an injury occur due to their negligence. Water that was left standing ended up causing a hazard for a 24-year-old client who ended up suffering torn knee cartilage and chondromalacia after slipping on the water.
New York Medical Malpractice
Medical malpractice takes place when a doctor creates or exacerbates an injury due to negligence. ISK was able to win a $1,250,000 settlement on behalf of a 32-year-old pregnant woman whose doctor mistreated her for strep infection which led to heart damage and surgery.
Most injuries sustained during our daily routines don’t happen as a result of malevolence on behalf of another person. In fact, an overwhelming amount of injuries is sustained due to negligence. Negligence can show itself in a number of different ways. It’s important that we know what to look out for when we’re attempting to determine if a party is at fault or not. Here are a few situations where negligence was at play.
Slip & Fall
Private and public properties are expected to be safe for visitors. If a property has been left in disrepair, or the responsible party has neglected to deal with a safety hazard and a visitor or employee is injured. As a result, a litigation battle may be on the horizon. If you slipped and fell on another person’s property, do not immediately blame your own clumsiness. Examine your surroundings and attempt to figure out if your injury was your own fault or the result of negligence on the part of the property owner. Use common sense to determine whether a spill should’ve been cleaned up or a hole filled. If you have any questions, be sure to get in touch with a New York slip and fall lawyer.
Although anything can happen every time we step outside of our homes, we don’t expect anything out of the ordinary to occur. Despite our expectations, there may be a time when we’re injured going about our day. Being that so many of us spend time using public sidewalks, it makes sense that they would be the setting for an injury. The owner of the sidewalk or parking lot is in charge of keeping it safe for all citizens. If it hasn’t been maintained to a safe standard, the negligent party may soon be receiving a call from a New York accident or injury attorney.
The last place we’d want to experience an injury would be in or around an elevator. Despite our best efforts, these injuries do occur. When they do, call an elevator accident lawyer in New York.
When our loved ones are in retirement homes, we expect their stays to be peaceful and full of leisure time. The last thing they expect to be dealing with is negligence on the part of the staff. But, as we know far too well, those in nursing homes are taken advantage of far too often. Due to their age, they become easy targets. Negligence within the nursing home can manifest itself in a number of ways. Hire a nursing home negligence lawyer based out of New York to have a pair of keen eyes by your side as you look for signs of nursing home neglect. In the meantime let’s look into a few of the most common ways in which residents of nursing homes are neglected.
The main reason that the elderly enter nursing homes is that they can no longer take care of themselves. This means that assistance is vital for their quality of life. If residents of nursing homes are repeatedly ignored, left alone, or emotionally mistreated, their quality of life will inevitably be diminished. Such treatment is a clear sign of willful negligence.
As people who cannot fend for themselves, nursing home patients require employees to carry out basic duties for them. These functions may include washing clothes, helping to maintain personal hygiene, giving baths, etc. The aforementioned are basic needs that all humans should be entitled to.
Food, water, shelter, and a clean environment must be provided by all nursing homes. If the home in question doesn’t satisfy the previously stipulated standards, they have breached their agreement with the nursing home resident and can be legally penalized in a court of law.
Another common way in which nursing homes deprive residents of necessary services is by failing to provide them with adequate medical attention. The elderly are bound to run into medical issues. When this happens, their voices need to be heard.
Should at least one of the aforementioned issues happen to a loved one, you need to get in touch with a New York nursing home lawyer.
Motorcycle accidents are both plentiful and dangerous. In 2015, 4,976 Americans died while riding a motorcycle. 88,000 sustained injuries due to accidents that took place while riding a motorcycle. While motorcycles are intrinsically more dangerous than cars, they are afforded the exact same rights on the road as cars. If you feel like your rights on the road have been infringed upon by another driver you need to get in touch with a New York personal injury or motorcycle lawyer.
If you have sustained a severe injury as a result of a motorcycle accident that occurred through no fault of your own you may want to get in touch with a motorcycle lawyer. In addition to your injuries, you’ll most likely have to pay expensive medical bills, take time off work, and deal with a potentially life-altering injury. To mitigate the financial, emotional, and physical damage that you’ve sustained, you’ll need financial backing. When dealing with civil motorcycle accident cases, people are typically dealing with insurance companies that are willing to cover the individual due to their inability to prove that the accident wasn’t their fault.
New York motorcycle accident lawyers specialize in creating compelling cases that result in a fair payout from insurance companies that previously refused to award policyholders a certain amount of money.
After an accident has occurred, you’ll want to take pictures of all vehicles involved and write down all pertinent license plate numbers. If at all possible, you should interview witnesses regarding the accident. Be sure to call the police and your car insurance company as soon as it is safe to do so.
Convincing a judge that a vehicle accident was not your fault can be a challenging endeavor that involves meticulous planning and solid evidence proving what occurred. Prepare yourself with an experienced lawyer by your side.
Although we all have at one time or another laughed at someone who has taken an unfortunate step and slipped, it’s not always a laughing matter. Occasionally a slip and fall will result in a serious injury. When that happens, you may want to talk to a slip and fall lawyer to determine if someone is at fault. However, not every unfortunate slip may lead to a civil lawsuit against an individual or a company. To understand what cases would stand up in a court of law we need to dig deeper into what qualifies as a slip and fall case.
If you or someone you know has taken an unfortunate spill on someone else’s property and as a result have been injured, you may have a viable case. That being said, a New York slip and fall attorney will only be willing to represent you if certain things occurred during the incident. At least one of three things must be proven to have a strong case.
If the owner or employee of the property where the injury took place spilled a fluid, ripped a carpet, or directly created an unsafe environment, they are at fault and may end up paying out.
If the owner or an employee of the property where the incident occurred knew about a potentially dangerous area and willfully did not resolve the issue, they are at fault.
Similar to the previous hypothetical, if the property’s owner or an employee did not apply the same safety standards that a “reasonable” owner or employee would and an injury takes place, they may be at fault.
What potential plaintiffs need to realize is that a slip and fall that results in an injury may, in fact, be their own fault. Proving that the owner or employee was culpable is a difficult ordeal. Consult a New York slip and fall lawyer immediately after the incident has occurred in order to ensure a favorable civil case outcome for you or a loved one.