Types of Personal Injury Cases
Motor Vehicle Accidents
Motor vehicle accidents can be a traumatic and challenging experience. These vehicle accidents are prevalent personal injury cases that our personal injury lawyers in Huntington handle. When car accidents occur, it’s usually due to an individual failing to follow the road rules or driving recklessly. Usually, a careless driver can be held responsible for injuries stemming from an accident, but exceptions do exist. New York is a no-fault state where drivers must collect from their insurance providers unless their injuries surpass the serious injury threshold.
As the name implies, wrongful death describes a lawsuit that can arise when an individual has been killed due to someone else’s negligence. Wrongful death lawsuits mainly arise out of nursing home neglect, car accidents, medical malpractice, or the use of dangerous or defective products. A wrongful death suit allows for the recovery of unique damages that are generally not present when someone suffers non-fatal injuries.
When being treated by a healthcare professional, it’s only natural to expect that they are doing everything in their power to provide quality care. Unfortunately, some practitioners fail to do this. Medical malpractice claims can arise when a healthcare professional provides a treatment that fails to uphold the proper medical standard of care, and a patient becomes injured as a result. Getting undesirable results in a treatment setting does not necessarily count as malpractice. Proving negligence is crucial to any malpractice case. Our personal injury lawyers in Huntington will evaluate your case and help you determine if malpractice occurred.
Defective and Dangerous Products
Consumers are at risk for severe injuries from defective and dangerous products when companies fail to uphold the necessary safety measures. Dangerous products can include:
- Dangerous Toys
- Harmful Drugs and Pharmaceuticals
- Hazardous Chemicals
- Contaminated Food
- Defective Machinery and Tools
Our dedicated team will investigate your claim to determine if the product manufacturer adhered to their health and safety guidelines.
Slips, Trips, and Falls
Slips, trips, and falls are another type of prevalent personal injury lawsuits that can occur almost anywhere. An injury from a slip, trip, or fall can take you out of work and in need of medical care. Our experts will gather evidence to build a strong case for you and work with medical experts to help recover compensation.
In most dog bite suits, dog owners are held financially responsible for bites and other injuries caused by their dog. Laws on owner responsibility vary from state to state. In some cases, there are strict liability rules in place, making the dog owner responsible for dog bite injuries even if their dog has never shown aggression or tendency to bite in the past. Some states have one bite rules. Our personal injury lawyers in Huntington understand the pain and suffering that can result from a dog bite. We will investigate your case and help you recover maximum compensation.
What Does Personal Injury Cover?
An injured person may be entitled to compensation when someone else’s negligence causes another person to be harmed. Obtaining just any injury at the hands of another person doesn’t automatically result in legal liability. Only some personal injuries may be covered. At Mandler & Sieger, LLP, our lawyers are competent to assist you with your no-fault claim. Our personal injury lawyers in Huntington can also answer any questions you may have regarding what personal injuries consist of.
In the United States, auto accidents are the top cause of personal injury. This is due to drivers being careless, not following the road rules, or driving unsafely. As a result, the culprit of the accident can be held financially responsible for the injuries implemented on the victim. Some exceptions include drivers having to collect from their insurers if there is no “serious” injury.
Slip and Fall Cases
When a person injures themselves due to a slip and fall accident on someone else’s property, the property owners may be held liable. Property owners have a legal responsibility to maintain safe property so that others do not get injured. The exact nature of a property owner’s legal duty varies depending on the situation of the accident. One of the two conditions need to be proved by our personal injury lawyers in Huntington to consider a slip and fall case a personal injury:
- The property owner previously recognized the hazardous condition, such as a pothole or an uneven walking surface, and failed to repair it.
- The property owner caused the dangerous condition leading to the slip and fall accident, such as leaving an obstacle in a walking path.
Dog bites can be considered a personal injury. If you were bit and sustained injuries from someone else’s dog, you should contact our personal injury lawyers in huntington. Some states have “strict” liability rules where the dog owner is responsible for the dog bite, even if the dog has never shown any aggression in the past. Other states have a “one-bite” rule where the dog owners are only responsible if they are already aware their dog is prone to biting. In New York, we have a mixed state where the “one-bite” rule and a limited degree of “strict” liability apply.
Unlike the previous personal injuries mentioned, an intentional tort doesn’t result in negligence but is deliberate. In addition to a criminal charge placed when a person physically attacks another, a personal injury lawsuit may be filed. Examples of intentional tort cases include the following:
- False arrest and imprisonment
- Sexual crimes
Medical malpractice is justified as a patient being injured due to a healthcare professional providing treatment that falls below the medical standard. These cases are tough to win because they need to prove recklessness or carelessness. If the patient’s condition worsens or is untreatable after treatment is provided by a professional, it is not considered malpractice. Our personal injury lawyers in Huntington can help you determine if the situation is considered malpractice or not.
Defamation in libel or slander is defined as an injury to a person’s reputation due to untrue statements. This can be considered a personal injury if the wrong statement is proved to have caused harm, such as financial loss. Our personal injury lawyers in Huntington can get you the justice you need and help you to recover from defamation.
Contact Our Personal Injury Lawyers in Huntington
If you’ve experienced one of these personal injuries or have questions about what is considered a personal injury, contact Mandler & Sieger, LLP. Our personal injury lawyers in Huntington can give you advice about your situation. Call today to schedule an appointment with us.
Why Do I Need A Personal Injury Lawyer?
As we all know, there are numerous ways we can all get hurt from a work mishap to an unfortunate situation. These injuries can often leave people in the hospital for days or weeks, leaving them with a large hospital bill. These mishaps can also lead to many being terminated from their job since they can not work, leaving them with a large hospital bill and no means of paying it back. Personal injury is an injury inflicted on someone’s body as opposed to property. Personal injuries in New York are but are not limited to:
- Vehicle accident
- Workplace accident
- Accident involving slip and falls
- Construction site injuries
- Injuries due to medical negligence
- Bicycle or pedestrian accidents in the New York
- Dog bites
- Battery or assault
All these forms of injuries are under the personal injury umbrella. Furthermore, we are mindful that new terms can fall under the guise of personal injury.
Personal Injury Law
Like most laws in the United States, many states have their way and interpretation, and personal injury law is no different. Personal Injury Laws differ from state to state. But for our sake, we will focus on New York Personal injury law.
Dog Bite laws:
A dog bite in New York covers a person and personal property such as livestock. If the victim of a dog bite doesn’t claim medical damages, they have to prove that the dog’s owner was negligent. If a dog has been previously declared dangerous and the owner allows the dog to still attack, the owner can face a misdemeanor charge or a fine of up to $3000. Also, note a severe injury is considered severe only if it causes death or risk of death. The statute of limitation for dog bites in New York state is three years though this can change, so always check your local law to make sure.
New York State, among others, practices no-fault car insurance and accident compensation laws. This means that when you get into an accident, you file a claim with your insurance first. But under exceptional cases, for example, an accident that results in severe or permanent injury, one can file a lawsuit against the other person’s insurance and, if need be, sue.
Workers Compensation law:
New York is one the only states that practices workers’ compensation. Though physical injuries are easily compensated, claims of mental damages are rarely compensated. New York State Law doesn’t require your job to keep your job open for most workers comp cases. But if FMLA applies to the case, then your employer must keep your job open for you.
Wrongful Death Laws in New York: under New York State Law, wrongful death of a person has to be caused due to negligence or could’ve been prevented. The statute of limitation to file a wrongful death lawsuit is two years.
Why do you need a Personal Injury Lawyers in Huntington?
There are many reasons why you might need a personal injury lawyer. But many times, a personal injury lawyer is meant to fight for proper compensation from their client. Here at Mandler Siegler, we can help you get the compensation you deserve. Our personal injury lawyers in Huntington covers cases from car accidents to animal attacks. We offer a free consultation to see if you have a legitimate case. Our personal injury lawyers in Huntington has years of experience that they can apply to your lawsuit. Contact us today.
Are You Liable If Your Dog Bites Someone?
Dogs are one of America’s most popular pets. Many dog owners look forward to taking their dogs on a walk every day. However, sometimes a dog bites another person, which could cost the owner serious legal fees. However, you may not be liable if your dog bites another person. Furthermore, laws on dog bites differ in each state. For example, in Florida, the owner is responsible if their dog bites anyone in any public place. However, the laws in New York are different about dog bites. If you were recently bitten by a dog and seek personal injury lawyers in huntington, contact Mandler and Sieger today. We could get you the help that you need and also learn more about our services today!
How To Prevent Getting Bit By A Dog
There are many different ways to prevent dog bites. Dogs can become dangerous if they feel threatened or scared. You should know how to approach a dog safely. It is best to ask the dog’s owner’s permission before petting or playing with the dog. Furthermore, if the owner tells you not to pet or play with the dog, you should not pet or play with the dog. The owner probably knows the dog will not react well to being pet by you. It is also not a good idea to pet a stray dog because it may attack you. An abandoned pet dog may perceive you as a threat even if you are trying to pet it. Furthermore, here are some more tips on how to avoid getting bit by a dog:
- Do not go near an unknown dog, especially if that dog does not have an owner with them.
- Get the owner’s permission before you pet or play with the dog.
- Do not try to play with a dog while eating, sleeping, or taking care of its puppies. Dogs naturally guard their puppies, toys, and food.
- Gently raise your hand to let the dog smell it.
- Do not go through a privacy fence to pet or play with a dog.
- Do not tease the dog playfully. The dog may perceive this as a threat.
- Move towards the dog slowly or let the dog come to you.
- Do not chase a dog or run away from a dog.
- Do not leave a baby or child alone with any dog that you do not know.
Following these simple steps could prevent you from getting bit by a dog. Although some of these steps seem self-explanatory, it is always good to know. Both dog owners and dog lovers should know these tips because they could prevent a dog from hurting someone accidentally. If you were recently bitten by a dog and seek personal injury lawyers in huntington, contact Mandler and Sieger today. We could get you the help that you need today.
New York State Dog Bite Law
In New York State, the dog’s owner is liable for medical costs resulting from a dog bite. An owner may be excused only if their dog works for the police or is a hearing dog and a service dog. Furthermore, if the dog has been known to be vicious in the past, the victim may be able to sue for more damages since the owner knew the dog might react the way it did. Lastly, if you were recently bitten by a dog seek personal injury lawyers in huntington, contact Mandler and Sieger today. We could get you the help that you need today.
Our Personal Injury Lawyers in Huntington
Mandler and Sieger is a law firm that specializes in personal injury lawsuits. We have handled many cases in which a dog or other animal has caused severe injury after biting, scratching, jumping up, and knocking a victim down. Many people wrongfully believe New York State follows the “one free bite rule.” However, in New York, an owner can be held responsible for a dog’s first offense even if the dog has not shown dangerous behavior in the past.
Contact Mandler & Sieger Today!
Here at Mandler Sieger, we understand the pain and suffering resulting from a dog bite or attack. Safety is important to us, which is why we will try our best to investigate your case. We will personally interview witnesses and examine the dog’s owner to see if he knew the dog was vicious before your accident occurred. Suppose you were recently bitten by a dog and seek a personal injury lawyers in huntington; contact Mandler and Sieger today. We could get you the help that you need today.
What is the Medical Malpractice?
Have you been wronged after a medical process? Do you feel as if you were treated ill or inadequately given details? You may have faced “Medical Malpractice,” a failed occurrence by a doctor failing to complete or perform medical duties at hand. Just in luck, Mandler Siegler is here for you with expert personal injury lawyers in huntington! Please reach out for your consultation today!
Understanding Medical Malpractice
The term “Medical Malpractice” refers to an occurrence by a doctor or any other medical professional who failed to competently perform medical duties. Each state’s rules vary regarding the practice, and some general principles apply to most.
How To Prepare For A Claim:
Medical malpractice claims can be a long and tedious process. Here are things you need to prove to file for a claim:
- A doctor-patient relationship’s existence must be proved. This means that you hired the doctor, and the doctor agreed.
- The doctor’s negligence must be clear. You should have the option to show that the specialist made you hurt such that a skillful specialist, under similar conditions, would not have.
- The injury leading to specific damages even though the doctor performed under expected standards cannot be sued. Here a few types of harm that can be sued for:
- Physical Pain
- Mental Anguish
- Medical bills
- Lost work and lost earning capacity
Common Types of Medical Malpractice
Medical malpractices can fall into three common categories such as:
- Inability to analyze If an able specialist would have found the patient’s ailment or made an alternate finding, which thus would have prompted a preferable result over the one accomplished
- Inappropriate treatment-If a specialist treats the patient as it were; no other skilled specialist would.
- Inability to caution a patient of known dangers – If a patient, once appropriately educated regarding potential dangers, would have chosen not to proceed with the technique.
Requirements In Medical Malpractice Cases
When it comes to medical malpractice, each state varies in rules and regulations. The next few are important to follow.
- Clinical misbehavior cases should be brought not long after the injury. In many states, you should bring a clinical negligence guarantee decently fast.
- Unique clinical negligence audit boards. Numerous states require the patient to initially present the case to a negligence audit board. This board of specialists will hear contentions, audit-proof, and master declaration, and afterward, choose.
- Unique notification prerequisites. A few states necessitate that the patient gives the specialist notice of the misbehavior guarantee, as a fundamental depiction, before recording anything.
- Master declaration is required. Well-qualified conclusions are frequently an urgent element of the patient’s case. A certified master is generally needed at the preliminary.
- Cutoff points on harm grants. Numerous states cutoff or “cap” the measure of cash that can be granted to a patient.
Our Personal Injury Lawyers in Huntington Are Here For You!
Mandler Siegler is here for you! We will ensure that you have experienced professionals at your side; we will fight for your rights and help you recover maximum compensation for injuries caused by a doctor’s negligence. In addition to doctors, a hospital, medical facility, nursing home, or rehabilitation center can also be held responsible for medical malpractice. Mandler Siegler has expert personal injury lawyers in Huntington for you and your loved ones! Please reach out for your consultation today!
Are You Liable For Trespassers Injuries?
Trespassing includes entering a person’s home or going on their property without permission. If a trespasser injures themselves on a homeowner’s property, the homeowner is not liable in some cases. However, believe it or not, in certain situations, the homeowner may be at fault. At Mandler and Sieger, LLC, we can make sure your rights are protected as a property owner or as a trespasser who was injured. Our personal injury lawyers in Huntington NY can help you determine liability and build a defense against a lawsuit.
Our Personal Injury Lawyers In Huntington NY Can Determine If You’re Liable For Trespassers Injuries
A trespasser who goes onto a homeowner’s property without approval can become harmed or injured on the property. Even though the trespasser is in the wrong for unlawfully entering the property, some conditions make the homeowner liable for their injuries. Homeowners cannot deliberately injure trespassers. In addition, if a homeowner is aware there are frequent trespassers on their property, they will become liable for any injuries caused by an unsafe condition on the property. Some specific examples of conditions in which the homeowner is at fault for the trespasser’s injury, making them in need of personal injury lawyers in Huntington NY, includes the following:
- The condition is one the owner purposely created.
- The aware condition was likely to cause serious bodily harm.
- The owner had reason to believe trespassers would not discover the unsafe condition.
- The owner failed to exercise reasonable warning to trespassers of the condition and the risk presented.
Are Trespassing Children Liable?
In addition to purposely creating a condition where the trespasser was bound to get harmed, attractive nuisances will also make a homeowner at fault. Attractive nuisances consist of conditions that a reasonable person should know is likely to attract children onto the property. Children can be naive to dangers on property, and be lured to potential hazards such as a swimming pool, an abandoned well, or heavy machinery. Therefore, a homeowner should see if there are any potentially dangerous conditions on their property that might attract children and address them. A homeowner may be liable for an injury to a child who trespassed if they knew the following:
- Children were likely to trespass and there was a dangerous condition on the property that involved an unreasonable risk of bodily harm to children.
- Young children would not be aware of the risky condition.
- The utility of the condition is small compared to the risk it represents.
If your child was hurt in a trespassing incident, consider our personal injury lawyers in Huntington NY.
Are Homeowners With Dogs With Dangerous Propensities Liable?
Dangerous propensities are tendencies of an animal to do any act that might endanger the safety of a person, such as attacking or biting. Even a dog’s breed can be considered in determining whether or not a dog had dangerous propensities. If a homeowner knows that their dog exhibits dangerous propensities, they may be at fault for the trespasser’s injuries caused by the dog. However, if a homeowner takes sufficient precautionary measures with their dog who knowingly has dangerous propensities, the homeowner may not be liable. An example is if the homeowner chains the dog, but the trespasser puts themselves at risk anyways. This is a limited exception that only applies in rare cases, but can be determined by our personal injury lawyers in Huntington NY.
Preventing Trespassers’ Injuries
Even though trespassing is wrong, some things can be done to prevent trespassers’ injuries. Some examples of actions you can do to set up more safe conditions on your property include:
- Set up fences to mark your property line to prevent accidental trespassing.
- Fix unsafe stairways or walkways.
- Keep your dog inside or on a leash.
- Provide proper lighting inside and outside the home.
- Cover or set up fences around your swimming pool.
Contact Mandler & Sieger – Personal Injury Lawyers in Huntington NY
If you have sustained an injury from trespassing or you are a homeowner whose property a trespasser injured themselves on, consider our team at Mandler & Sieger, LLC to legally help. Our personal injury lawyers in Huntington NY can explain your rights as a property owner or as a trespasser who was injured. Schedule a consultation with our lawyers to explain your situation and we can help determine liability.