Experiencing a personal injury or medical malpractice can suddenly turn your world upside down. Your new reality could include significant medical bills, lost income, and immense pain and suffering. Fortunately, you have the right to claim compensation from the at-fault parties.

However, you can expect those parties and their insurance companies to defend their interests over yours. You need an advocate who looks after you and your family when you need it most. Find out why Bronx personal injury and medical malpractice victims trust Dell & Dean, PLLC.

Representing Personal Injury Victims

Whenever an individual, business, or other entity engages in negligent or reckless conduct and harms someone else, the victim may have the right to file a personal injury lawsuit. The objective is to recover monetary damages, mostly to compensate them for their losses.

The victim has the burden of proof, meaning they must come up with strong evidence and compelling arguments to prove these elements of a Bronx personal injury lawsuit:

  • Duty of care: This duty applies to anyone who has a responsibility to avoid conduct which could foreseeably cause injury to others. An example is that motorists have a duty to obey traffic laws and avoid unsafe driving maneuvers.
  • Breach: A breach of the duty of care happens when someone negligently does or fails to do something. Intentional actions are also included. Drunk driving is an example of a breach.
  • Causation: Next, the victim has to prove that the breach caused the accident or injury in question. Sometimes more than one party can cause a personal injury.
  • Damages: Finally, the victim has to substantiate the nature and amount of damages they want. These are typically compensatory damages but may include punitive damages in limited cases.

The Bronx law firm of Dell & Dean, PLLC represents victims in a variety of personal injury matters, such as:

  • Car Accidents: Some of the most frequent causes of car accidents are drunk driving, distracted driving, and speeding. Vehicle defects may also be responsible.
  • Motorcycle Accidents: Motorcycles lack the protective safety features of passenger vehicles, making riders more susceptible to injury. Accident victims may also face bias from insurers.
  • Truck Accidents: Large commercial trucks usually cause catastrophic injuries due to their size, weight, and speed. Trucking companies, cargo loading companies, and others could be liable.
  • Premises Liability: Property owners who fail to fix or warn against hazards on their premises can be liable for the injuries guests and visitors suffer. Slip and fall accidents, injuries from negligent security, and dog bites are examples of these cases.
  • Pedestrian Accidents: Pedestrians shouldn’t have to worry about their safety while crossing the street or walking down the sidewalk. Negligent drivers and others who cause an accident may be responsible for injuries.
  • Product Liability: When products are poorly designed or made, or lack appropriate warnings, consumers can get hurt. Various parties could share liability, such as the product manufacturer or distributor.
  • Wrongful Death: When accident victims die, the decedent’s estate representative may be able to file a wrongful death claim. Wrongful death damages are similar but not identical to personal injury damages.

Help for Injured Bronx Construction Workers

Although injured construction workers can file for workers’ compensation, they may also have a legal claim against certain third parties like general contractors and property owners. This is thanks in part to New York’s unique legal protections for construction workers.

For example, Labor Law 240(1) concerns the proper and safe use of scaffolding. Labor Law 241(6) imposes rules concerning construction, excavation, and demolition work. There are also general safety provisions under Labor Law 200.

Filing a third-party lawsuit offers certain advantages over just filing for workers’ comp. For one, the victim can recover the full value of their lost income. Workers’ comp only provides partial wage replacement. The victim can also seek non-economic damages like pain and suffering.

Our firm has experience representing victims of all types of construction accidents, such as those involving:

Fighting for Bronx Medical Malpractice Victims

Medical malpractice is more than simply a doctor or hospital making a mistake. Errors can and do happen because medicine is an imperfect profession. But malpractice arises when the healthcare practitioner departs from accepted standards of medical care, causing injury.

In other words, the mistake has to be unreasonable in light of the circumstances to be considered medical malpractice. These are a few examples:

Medical malpractice cases are complicated and require input from expert witnesses. These are professionals who can explain necessary and technical issues like the applicable standard of care. Our firm’s network of expert witnesses is one of many advantages of working with us.

Possible Damages in Your Personal Injury or Medical Malpractice Claim

If you’ve been injured because of a personal injury, construction accident, or medical malpractice, all you really want is to get your life back to normal. Seeking monetary damages can help you in that journey. You may be able to seek such damages as:

  • Medical bills: These include not only your past medical expenses but future ones you are likely to have. Some examples are hospitalization, surgery, prescription medications, adaptive medical equipment, and physical rehabilitation.
  • Lost income: If you are injured or harmed due to an accident or malpractice, you likely won’t be able to work while you recover. You can seek compensation for the income you miss during that time.
  • Lost future earning capacity: You might not ever be able to work again, or work at the job you had before, due to your injuries. You can therefore request compensation for future income, bonuses, and benefits you will miss out on.
  • Non-economic damages: These are intangible, personal losses that are subjective to each individual victim. Pain and suffering, emotional distress, reduced enjoyment of life, and loss of consortium are a few examples.
  • Punitive damages: In rare cases involving willful or intentional misconduct, wanton or reckless behavior showing a disregard for the safety of others, or grossly negligent conduct, punitive damages may be available. These are intended to punish the at-fault party.

Why Choose Dell & Dean?

You have your choice of law firms to handle your personal injury or medical malpractice case. But what sets us apart is our personalized legal service. We represent clients with the professionalism and tenacity we would want for ourselves if we were the victims.

It starts with a thorough investigation of your accident or injury and how it happened. During this process we start gathering evidence and identifying the potentially liable parties. We also calculate your available damages, often with the input of expert witnesses.

Once we understand the value of your case, we can work on negotiating with the at-fault parties’ insurance companies. This is often done through an out-of-court process known as mediation. We represent clients during mediation and try to settle their cases, saving them time and stress.

However, not all cases settle in mediation because not all at-fault parties or insurance companies negotiate in good faith. If we are unable to settle your case, we will go to trial and seek the full compensation you deserve.

We believe every victim deserves justice, and we strive to help them seek it. But don’t just take our word for it. Read some of our past results to learn more about our level of commitment to injury victims and their families.

Contact Our Bronx Personal Injury & Medical Malpractice Law Firm

We understand the stress you are likely experiencing after being in an accident or suffering malpractice. That’s why we are committed to advocating for the rights of our clients. To learn more or to get started on your case, connect with Dell & Dean, PLLC today.

Frequently Asked Questions About New York Personal Injury and Medical Malpractice Cases

Is there a deadline to file a lawsuit?

Most personal injury cases must be filed no later than three years after the date of the accident, while medical malpractice cases must be filed no later than two and a half years after the date of injury. There are exceptions that can alter the deadline, known as the statute of limitations.

If you file after the applicable statute of limitations in your case, the court will dismiss your lawsuit and you will be permanently barred from any recovery. Protect your legal rights by speaking with an experienced attorney as soon as you can.

What evidence can help my case?

Pictures, videos, medical records, pay stubs and income information, and police accident reports (e.g., for car crashes) are some of the most useful forms of evidence. So is eyewitness testimony and the victim’s own personal recollections about the incident.

We take evidence-gathering seriously and use a number of discovery tools to aid the process. Discovery is the formal request and exchange of relevant information and documents, and is conducted in most personal injury and medical malpractice cases.

Should I talk to the insurance companies on my own?

We strongly advise that you do not speak with any insurance companies without first talking to a lawyer. You may have a deadline to report a motor vehicle accident to your own insurer, but we still suggest giving us a call first. Insurers are looking out primarily for their interests, not yours.

What should I do after being in an accident?

First, get medical assistance immediately and do what your doctor tells you. Next, document the accident scene as best you can by taking pictures and getting eyewitness names and contact information. Finally, give us a call so we can explore your legal options and advise you further.