Victims of personal injury and medical malpractice want one thing above all else: to get their lives back to normal. And while taking legal action cannot completely erase what happened to them, it can bring a measure of justice, financial peace, and closure to their experiences.

The quality of legal counsel you retain will make a difference in the outcome of your matter. Brooklyn injury and malpractice victims count on Dell & Dean PLLC to advocate for their best interests each step of the way. Learn more about how we can serve you today.

Helping the Victims of Serious Personal Injury

An individual, business, or other party that engages in negligent or intentional misconduct may cause injury to another. The victim has the right to file a personal injury lawsuit to seek compensation for their various losses. But the burden of proof lies with the victim.

That is, the victim must be able to prove the following four elements of a Brooklyn personal injury lawsuit:

  • Duty of care: This is the legal obligation to avoid engaging in conduct that has a foreseeable risk of harming someone else. For instance, motorists have a duty to drive safely and follow traffic laws.
  • Breach: A breach of the duty of care happens when someone does or fails to do something in a manner that amounts to legal negligence. Intentional actions may also qualify.
  • Causation: The breach doesn’t mean much unless it directly causes injury to another person. More than one party may be held liable if causation can be proved for each one.
  • Damages: The victim must also explain the sort of personal and financial losses they have endured due to their injuries. Quantifying these damages with a dollar amount is another important step.

Dell & Dean represents victims in a wide variety of personal injury cases, including:

  • Car Accidents: Some common causes include drunk driving, distracted driving, and vehicle defects.
  • Motorcycle Accidents: The absence of a steel frame and airbags means that motorcycle accident victims often suffer serious injuries.
  • Truck Accidents: Because of their size, weight, and speed, large commercial trucks usually cause catastrophic injuries.
  • Premises Liability: Property owners must correct or warn against hazards on their premises that can harm guests and visitors.
  • Pedestrian Accidents: If a vehicle hits you while crossing the street or walking down a sidewalk, you can seek compensation.
  • Product Liability: Companies that make and sell dangerous consumer products may be liable if someone gets hurt as a result.
  • Wrongful Death: If an accident victim dies from their injuries, eligible survivors may be able to file a wrongful death lawsuit.

Advocating for Brooklyn Construction Accident Victims

New York has special protections for construction accident victims. Some examples include Labor Law 240 (the Scaffolding Law) and Labor Law 241 (for construction, excavation, and demolition work). Our firm understands how to apply these laws to construction accident victims.

A victim can and should file a workers’ compensation claim. But depending on the circumstances of their case, they may also be able to file a claim against third parties such as the property owner, a general contractor, or the manufacturer of defective equipment.

The advantage of filing a third-party lawsuit is that you can potentially win broader forms of compensation than are available with a workers’ comp claim. For example, you may be able to seek compensation for future medical bills, your full lost income, and non-economic damages.

Brooklyn construction accident lawsuits are essentially the same thing as personal injury lawsuits. Unlike a workers’ comp claim, however, you will need to prove that negligence caused the accident. Our firm is able to help workers who suffer harm due to:

Seeking Compensation for Medical Malpractice

Medical malpractice does not simply mean that a doctor or other healthcare professional made a mistake. The law does not expect or require these professionals to be perfect. But a victim can take action if the error was unreasonable in light of the circumstances.

Phrased another way, the mistake must represent a departure from the accepted standards of medical care in order for the victim to file a medical malpractice lawsuit. Some common examples of Brooklyn medical malpractice are:

Successful plaintiffs can win a number of damages in a medical malpractice lawsuit. Ultimately, the goal is to try to return the patient to the state they were in prior to the malpractice.

How Dell & Dean Can Serve You and Your Family

Not all law firms are equipped to handle the challenges that come with personal injury, construction accident, and medical malpractice lawsuits. At Dell & Dean, we understand that a successful case requires more than just understanding New York statutes and court opinions.

We start with a thorough investigation of the facts, with the goal of identifying the at-fault parties and acquiring evidence. An important phase we handle is discovery, the request and exchange of relevant documents and information. We also take care of all other aspects of civil procedure.

Another step we take is to calculate a fair value for your damages. For this and other aspects of your case we retain expert witnesses. These are individuals with specialized and often technical knowledge who can testify about complex subjects to Brooklyn judges and juries.

Once we determine the value of your case, we work to try to settle it with the at-fault parties and their insurance companies. This is often done through mediation. If we can reach a fair settlement with the defendants, it can save you the time and hassle of continued litigation.

But if not, we will take your case to trial. We are experienced litigators who advocate for the maximum amount of compensation available for our clients. Both inside and outside the courtroom, we will represent you with the professionalism and dedication you deserve.

Contact Our Brooklyn Personal Injury & Medical Malpractice Law Firm

If you or a loved one were injured or killed due to a personal injury, construction accident, or medical malpractice, it’s time to explore your rights and options. The dedicated team at Dell & Dean is ready to assist. Get started by calling us or completing our online contact form.

Frequently Asked Questions About Personal Injury and Medical Malpractice

Is there a deadline to file my lawsuit?

A deadline called the statute of limitations will apply to your lawsuit. Personal injury cases (including construction accidents) have a three-year statute of limitations. For medical malpractice, the deadline is two years and six months.

Certain exceptions apply, and in some cases (like those involving the government) the rules are different. If you file too late, the court will dismiss your case. So be sure you speak with an attorney at your earliest convenience.

What sort of damages may I claim in a medical malpractice lawsuit?

Victims can typically request such damages as payment of their medical expenses (including for estimated future ones), lost income, decreased earning capacity, and non-economic damages. These are similar to personal injury damages.

Non-economic damages are intangible losses that are more subjective to the individual. Some examples are pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium.

Should I talk to the at-fault party’s insurance company?

This is generally not a good idea because insurance companies are looking out for their interests, not yours. They may use tactics like taking recorded statements to obtain evidence to use against you later. You should speak with an attorney first.

Be sure you follow the rules and procedures for filing a claim with your own insurance company. If you need help or you are confused about the process, give our office a call.