Victims of personal injury and medical malpractice stand to lose a great deal. In addition to medical bills, they could miss substantial time from work and endure pain and suffering. The good news is that they can pursue a lawsuit and win damages for their losses.

If you’ve been injured, you will encounter resistance from the lawyers and insurance companies representing the defendant. You need dedicated legal counsel on your side. Learn how Dell & Dean PLLC advocates for accident victims in Garden City.

Fighting for Personal Injury Victims

A personal injury lawsuit is a civil case alleging that one party negligently or intentionally inflicted physical, mental, or emotional harm upon someone else. The main objective of filing a lawsuit is to seek monetary compensation, known as damages, from the at-fault party.

Victims have the responsibility of proving these elements in a personal injury lawsuit:

  • Duty of care: Everyone owes others a duty to avoid behaviors that will foreseeably cause harm to them. A driver, for example, has a duty of care. This means the driver must follow traffic laws and drive safely to minimize the risk of causing an accident.
  • Breach: A breach of the duty of care is a violation, and it’s one that occurs because of negligently acting or failing to act or intentionally doing or not doing something. Drunk driving is an example of a breach.
  • Causation: Next, the victim has to prove that the breach actually caused the accident or injury in question. This is more difficult when multiple at-fault parties are involved, so consult an experienced Garden City personal injury lawyer.
  • Damages: The last element the victim must prove is their damages. This means showing the nature of their losses, like medical bills incurred to treat injuries resulting from a drunk driving wreck, and what those losses are worth.

There are many types of personal injury cases. Our firm proudly represents victims in lawsuits involving the following:

  • Car Accidents: Although a car crash typically results from negligent driving, other parties are sometimes to blame. These include the manufacturers of defective vehicle parts.
  • Motorcycle Accidents: Motorcyclist victims often suffer more serious injuries than passenger vehicle victims and must contend with juror and insurance bias.
  • Truck Accidents: Large and commercial trucks require more maintenance and careful driving. Otherwise an accident could prove catastrophic or fatal.
  • Premises Liability: Property owners have a duty to correct dangerous hazards on their premises. Slip-and-fall accidents, dog bites, and swimming pool accidents are examples of premises liability claims.
  • Pedestrian Accidents: Walking across a street or down a sidewalk shouldn’t put your life at risk, so we hold irresponsible drivers and others accountable.
  • Product Liability: Any company that manufacturers, sells, or distributes unsafe consumer products can be held liable for the injuries they cause.
  • Wrongful Death: Some personal injury cases are fatal. While a lawsuit can’t bring back your loved one, it can help you cover final expenses and other losses stemming from the wrongful death.

Helping Garden City Construction Accident Victims

Injured construction workers can file a workers’ compensation claim, but they may also have the right to file a construction accident lawsuit against negligent third parties. These parties may include:

  • Property owners
  • General contractors
  • Subcontractors
  • Equipment manufacturers
  • Third-party drivers
  • Job site managers

Although a workers’ comp claim is not based on negligence, personal injury is. The construction worker must prove the elements listed above. The damages that a plaintiff can seek by way of filing a personal injury lawsuit are broader than workers’ comp benefits and may include:

  • Medical bills: These include not just the medical expenses that a worker has already incurred, but also future bills the worker may have because of their injuries.
  • Full lost wages: Workers’ comp benefits only provide partial wage replacement, but an accident victim can recover the full value of their lost wages through a personal injury lawsuit.
  • Lost income-earning capacity: A victim can also ask for damages that cover their decreased earning capacity, which includes future promotions and benefits they won’t receive because of their injuries.
  • Non-economic damages: Workers’ comp does not pay for non-economic damages like pain and suffering, loss of enjoyment of life, and loss of consortium. Personal injury lawsuits can include these.

If you are a construction worker in Garden City who suffered one of the following types of accidents, we can help:

Standing Up for Medical Malpractice Victims

Although doctors and other healthcare professionals in Garden City are not required to be perfect, they must avoid making unreasonable mistakes. Otherwise they could be liable for medical malpractice (also known as medical negligence).

A court considering a medical malpractice case will ask whether the doctor departed from the accepted standard of care. In other words, what would a similarly experienced doctor in the same situation have done?

Medical malpractice often involves the following errors:

Victims who file a medical malpractice lawsuit will seek damages designed to restore them, as much as possible, to the condition they were in previously. This means compensation that pays for medical bills, lost wages, emotional distress, and other losses.

Why Should You Choose Dell & Dean PLLC?

If you were hurt because of someone’s negligence, you have your choice of Garden City law firms. But not every firm knows how to make a compelling case for the damages you deserve. Nor is every attorney equipped to take on the defendant’s lawyers and insurance companies.

At Dell & Dean PLLC, we understand that an accident or injury could mark the lowest point of your life. Significant medical bills, missed time from work, and pain and suffering could be on your horizon. You are likely unsure who to trust to get your life back to normal.

We know what the outcome of your case could mean both for you and your family. So when you retain us as your personal injury law firm, we immediately get to work by:

  • Investigating the details of your accident or injury and how it happened
  • Identifying parties who may be liable for your injuries
  • Collecting the evidence that proves legal negligence, including by way of discovery
  • Determining a fair value for all of your past and reasonably projected future damages
  • Negotiating for a settlement, if possible, and representing you during mediation
  • Hiring expert witnesses who can testify as to important matters in your case
  • Trying your case in court if the defendant’s insurers and lawyers refuse to fairly settle
  • Addressing common concerns and questions you will likely have
  • Representing you with the professionalism and compassion that you deserve

Contact Our Garden City Personal Injury & Medical Malpractice Law Firm

If you aren’t sure what to do after an accident or injury, we can help. Dell & Dean PLLC is here to explain your legal rights and work for the best possible outcome in your case. Contact us now to schedule your free initial consultation.

Frequently Asked Questions About Personal Injury and Medical Malpractice

Is there a deadline to file a lawsuit in New York?

Yes, a personal injury or medical malpractice victim must file a lawsuit before the applicable deadline, known as the statute of limitations, expires. Personal injury victims, for example, usually have three years to file. If you file too late the court may dismiss your case.

What is the value of my case?

Various factors affect the value of your case like the nature of your injuries, your long-term prognosis, and your ability to work after being injured. We work hard to recover the maximum amount of damages available under the law.

What should I do after being in an accident or suffering a medical injury?

First, see a doctor and make sure you get the treatment you need. Next, document as much as you can by taking pictures and recording videos and asking any witnesses for their names and contact information. Lastly, contact an experienced Garden City personal injury law firm.

Should I talk to the insurance companies on my own?

No, because the insurance companies are not looking out for your interests and will do what they can to deny or underpay your claim. It’s never a good idea to speak with them, accept a settlement offer, or sign any papers they give you without first speaking with a lawyer.