If you experience a personal injury or medical malpractice, your world could change in an instant. Suddenly you may be faced with medical bills, lost time from work, and an uncertain future. How do you hold the at-fault parties liable for your losses?

You retain a skilled law firm that understands what it takes to make a case for the compensation you deserve. In Queens, that firm is Dell & Dean PLLC. Find out how we serve victims of personal injury and medical malpractice.

What To Know About New York Personal Injury Cases

When an individual, business, or entity engages in negligent behavior that causes injury to someone else, the victim may have a right to file a personal injury lawsuit. The goal is to win compensation, known as damages, from the at-fault party or parties.

The plaintiff (victim) in a personal injury lawsuit must prove these elements:

  • Duty of care: This refers to the obligation to act with reasonable care to avoid causing foreseeable harm to others.
  • Breach: A breach of the duty of care occurs when someone acts or fails to act in a manner that amounts to legal negligence.
  • Causation: Next, the victim has to prove that the breach of the duty of care directly caused their injuries.
  • Damages: Lastly, the victim must demonstrate the nature and amount of their losses, including medical bills, lost wages, and pain and suffering.

Our firm is proud to represent Queens personal injury victims in a wide array of different lawsuits, including those that involve:

  • Car Accidents: Common causes of car accidents include drunk driving, distracted driving, and speeding.
  • Motorcycle Accidents: Motorcycle riders tend to suffer serious injuries but must also contend with juror and insurer bias.
  • Truck Accidents: These are usually catastrophic, and sometimes deadly, due to the size and weight of the truck.
  • Premises Liability: Examples include slip-and-fall accidents, swimming pool accidents, dog bites and attacks, and negligent security.
  • Pedestrian Accidents: Pedestrians who are struck while crossing the street or walking down the sidewalk have the right to sue.
  • Product Liability: Products can be dangerous due to bad design, defective manufacturing, or lack of adequate instructions or warnings.
  • Wrongful Death: When accident victims die from their injuries, eligible survivors can seek compensation for different losses.

Representing Construction Accident Victims

Our firm also represents Queens construction accident victims. Although you have the right to file for workers’ compensation, you may also be able to pursue third-party personal injury claims against:

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

This is an important right because personal injury damages are broader than the compensation available with workers’ comp. In a personal injury lawsuit, including for a construction accident, victims can seek compensation for:

  • Medical bills: These include not only the medical expenses you have already incurred, but bills for medical needs you are likely to have in the future.
  • Lost wages: Workers’ comp only provides partial wage replacement, but you can ask for the full value of income you lose while recovering.
  • Lost earning capacity: You may not be able to work the same type of job as before your injury, so you can ask to be compensated for the income, bonuses, and benefits you will miss out on.
  • Non-economic damages: These are not available with workers’ comp claims but may include pain and suffering, emotional distress, and loss of enjoyment of life.

We have helped Queens victims in the following types of construction accidents:

Advocating for Victims of Medical Malpractice

Medical malpractice is a commonly misunderstood term. It refers to medical negligence, which is more than simply making a mistake. Medical malpractice exists where a healthcare professional makes an error that is unreasonable in light of the circumstances.

The law does not expect or require doctors, nurses, and other medical professionals to be perfect. But it does obligate them to adhere to a standard of care. When they depart from that standard and cause injury, the patient can hold them liable for malpractice.

In evaluating whether a doctor or other individual or institution (like a hospital) is liable for malpractice, a Queens court wants to know what another professional or institution, with the same background and experience, would have done. Some examples of malpractice include:

Plaintiffs file medical malpractice lawsuits to win compensation for various losses such as medical bills, lost income, and pain and suffering. The goal of these damages is to return the plaintiff to the position they were in before their injury.

The Dell & Dean Difference

If you live in Queens and suffered a personal injury or medical malpractice, you need a law firm that understands how to make a claim for the compensation you need. Not just any firm will do. For instance, not all law firms understand how to prove the elements of malpractice.

An injury or accident could be a turning point in your life, and what happens next will depend on the quality of legal counsel you retain. You will want an experienced advocate who knows what the outcome of your case means to you and your family. That’s where Dell & Dean steps in.

When you hire our law firm to represent you in a personal injury, construction accident, or medical malpractice matter, we get to work by:

  • Investigating how your accident or injury occurred
  • Determining who may be liable for your injuries
  • Obtaining evidence that proves the elements of your claim
  • Using the discovery process, once a lawsuit is filed, to obtain more evidence
  • Calculating a fair value of your past, present, and future damages
  • Negotiating on your behalf with the at-fault party’s insurance company
  • Filing a lawsuit and serving it in accordance with the rules of civil procedure
  • Hiring expert witnesses to prove various aspects of your case
  • Representing you in mediation to try to settle your lawsuit, if possible
  • Trying your case in court if a settlement cannot be reached
  • Answering your questions and concerns throughout litigation
  • Leveraging our extensive legal experience on your behalf

Contact Our Queens Personal Injury & Medical Malpractice Law Firm

Nobody should be injured due to another person’s negligence. But if this has happened to you, it’s time to get serious about protecting your best interests. Get in touch with Dell & Dean PLLC today to discuss your rights and options.

Frequently Asked Questions About Personal Injury & Medical Malpractice

Will my case go to trial?

Most personal injury, construction accident, and medical malpractice cases do not go to trial but instead settle out of court. Whether yours will settle will depend on factors like the severity of your injuries, their long-term impacts on your life, and the quality of legal counsel you hire.

How much is my case worth?

This also depends on factors like how serious your injuries are, future medical treatments you may need, the impact of your accident or injury on your ability to work, and non-economic damages like pain and suffering. We fight for the full compensation our clients deserve.

Is there a deadline to file my case?

Most personal injury cases must be filed no later than three years after the date of injury. The deadline is two years and six months for most medical malpractice cases and two years for wrongful death. These are known as the statutes of limitation.

There are exceptions, however, that may alter the statute of limitations. Examples include lawsuits against the government and those in which the victim is a minor. If you file too late the court may dismiss your lawsuit, so speak to a Queens injury attorney as soon as possible.