Every day, people in Brooklyn are harmed through no fault of their own. Our city’s emergency rooms and rehab facilities are filled with hard-working New Yorkers, men and women fighting to get back on their feet after a severe injury. Some of these people may be eligible to file personal injury lawsuits, pursuing financial compensation and accountability from the people responsible for their injuries.
Should You Hire A Brooklyn Personal Injury Lawyer?
After suffering a personal injury, many people will struggle to regain their footing. Medical costs in this country are rising. In fact, exorbitant medical expenses are now the leading cause of personal bankruptcy in the United States, according to Investopedia. Adding to the problem, many injury victims are forced to take long weeks off of work, forgoing the wages that would keep food on their family’s table. Most are burdened by anxiety and emotional trauma, hardships that go well beyond physical pain. Filing a personal injury lawsuit may be the answer.
At Lipsig, Shapey, Manus & Moverman, our dedicated and compassionate attorneys have helped thousands of personal injury victims recover compensation for their financial, physical and emotional losses following an accident. Our experienced lawyers handle personal injury lawsuits exclusively, both from our Brooklyn offices and throughout New York City. Over 80 years of combined legal experience, our attorneys have secured more than $500 million in compensation for clients who suffered severe injuries.
Do I Have A Personal Injury Case?
Without conducting a thorough review of your situation, we can’t answer that question. Every legal dispute is unique and the viability of any one claim will depend entirely on the facts at issue. With that being said, there are several key concepts that almost every personal injury lawsuit shares. We’ll explain the most important of these concepts, a legal doctrine known as negligence, next.
How Does Negligence Work?
Do you think that someone else’s negligence – their careless disregard for the safety of others – caused you or a loved one to suffer injury? Nearly every personal injury lawsuit is based in the theory of negligence, which represents a simple ethical principle: certain people, due to their activities or vocation, owe other people a legal duty to exercise reasonable care.
Take medical professionals as one example. Doctors, nurses and other healthcare professionals owe their patients a set of obligations. We all expect that physicians will diagnose and treat medical conditions using their best judgment, without making careless mistakes that could cause life-long suffering. In short, there’s a standard of care to which all medical professionals are bound, both ethically and legally. Violate that standard of care and a medical professional could become open to legal liability in a civil lawsuit, because they have acted negligently, without using the proper care that patients are entitled to. As a result, medical malpractice lawsuits frequently rely on the theory of negligence to found their claims.
Drivers are another good example. We all understand implicitly that driving is dangerous. To reduce the dangers, every state has established laws, regulating the behaviors that drivers are allowed to perform behind the wheel. These “rules of the road” have a single goal: to lower the risk of injury. Broadly speaking, every driver has a legal duty to operate their vehicle using reasonable care. If that duty is violated, and someone else is injured, the responsible driver may be able to file a personal injury lawsuit for monetary damages.
Personal Injury Lawsuits: Other Theories Of Liability
Negligence is a firm foundation for many personal injury lawsuits, but it’s not the only legal theory at issue. In some cases of product liability, for example, consumer product manufacturers can be held accountable for injuries caused by defective products without a finding of negligence. Instead, America’s strong history of consumer protection laws enforces a standard known as “strict liability,” under which manufacturers can be held responsible for harm whether or not they were careless in making products.
Although comparatively rare, some personal injury lawsuits involve intentional wrongs. While crimes are normally prosecuted in New York’s criminal courts, many assault and battery cases also make their way into civil court, where a victim of crime can often pursue financial compensation from the culprit.
Injuries sustained from auto accidents can be as minor as a bruise or sprain, or as severe as spinal trauma, a frequent cause of permanent paralysis. While numerous factors can contribute to an accident, the vast majority of car crashes involve some degree of driver error – often in the form of negligence. Defective automotive parts can also play a role and some victims may be able to file suit against a manufacturer of vehicle components in a product liability lawsuit. While insurance may help victims reclaim some of their losses, it isn’t always enough, especially when a victim’s injuries are severe.
Keep in mind, however, that New York is a no-fault insurance state, which means that our insurance laws prevent many injured drivers from filing civil lawsuits over car accidents. In fact, only drivers who suffer “severe” injuries, a category of harms defined in state law, will be eligible to pursue compensation outside of New York’s insurance system. The basic principle of negligence, however, remains active in these cases of “severe” injury. When someone violates a duty of care, and the person to whom they owe that duty is injured, the negligent individual or corporate entity can be held accountable.
Slip & Fall Accidents
Under premises liability laws, the owners of any property are required to maintain their properties in such a way that visitors are safe and aware of dangerous conditions. Property owners have a legal obligation to take reasonable measures to ensure the safety of their guests. When this obligation is disregarded, and an individual sustains harm as a result, the injured party has every right to file a personal injury lawsuit. Many factors can contribute to a slip and fall accident, including poor lighting, potholes, torn carpet or foreign objects.
Construction workers are among the most frequently-injured employees in the United States, but contractors continue to skimp on the safety measures that would keep workers out of harm’s way. The workers’ compensation system was designed to help fix this problem, providing injured workers with easily-accessible compensation for their medical expenses and lost wages. But today, more than 50% of all workers’ compensation claims are denied. The civil court system offers a different solution.
As home to the largest construction industry in America, New York has established several notable legal protections for construction workers. In particular, the State’s “Scaffold Law” imposes “absolute liability” on property owners and contractors in regard to elevation-related accidents. New York’s legislature has decided that working at elevation is so dangerous, and protecting workers is so important, that contractors and property owners should bear the full burden of preventing injuries. As a result, workers who are injured on ladders or scaffolds need not prove negligence to secure compensation in court.
The majority of all construction accident injuries are severe enough that the worker needs to take time off of work in order to heal. With medical bills piling up and workers’ comp refusing to pay, victims may find that their best option is to bring legal action against the party whose negligence caused their accident. If you or a loved one were injured while on the job, you can learn more about how the attorneys at Lipsig, Shapey, Manus, and Moverman can help you, here.
How Much Will A Personal Injury Lawyer Cost Me?
At Lipsig, Shapey, Manus, and Moverman P.C., our team works on a contingency-fee basis. That means you won’t pay us anything until we win your case. You have nothing to lose, and everything to gain.
Latest Personal Injury News
By Tom Moverman
July 7, 2017- Brooklyn Ambulette Driver Arrested For Drunk Driving
A Brooklyn ambulette driver was arrested for causing multiple accidents while driving a 77-year-old dialysis patient. According to police, the 45-year-old driver was driving a Life Care ambulette from a patient’s Queens home to a treatment center in Nassau County. Several phone calls came in alerting police of an ambulette that had crashed into two utility poles. The driver was finally found in front of 250 East Greenwich Avenue where there was a badly damaged ambulette, a fractured utility pole and the man lying on the ground next to the ambulette. He was charged with two counts of fourth-degree criminal mischief, driving while intoxicated, and second-degree reckless endangerment.
June 7, 2017- 8-Year-Old Hospitalized After A Hit-And-Run Accident In Brooklyn
An 8-year-old girl was recently hospitalized after a hit-and-run driver in Brooklyn struck her. According to neighbors, the 8-year-old was crossing E. 31st Street near Avenue P in Marine Park when the car hit her. She was rushed to Maimonides Medical Center in critical condition, fortunately, her injuries were not considered life-threatening. Police are searching for a red Honda Accord sedan that they believe is responsible for this accident. The street where the accident took place has a sign that warns motorists to “Drive Like Your Kids Live Here” due to the ongoing problem with speeding drivers there.
May 8, 2017- Multi-Vehicle Crash Leaves One Person Dead In Brownsville, Brooklyn
A multi-vehicle accident that took place in Brownsville, Brooklyn left one person dead and seven others injured. The accident took place at Pitkin Avenue and Powell Street. According to the police, the accident happened due to a driver who was going too fast in the intersection and he struck a man on rollerblades. The struck rollerblader lost his rollerblades in the collision and they landed on a van’s window. The victim’s body was dragged under a moving vehicle and ended up getting slammed into two other vehicles at a stop sign. This terrible accident resulted in seven people being injured and treated at local hospitals. Unfortunately, the rollerblader was pronounced dead at the scene of the accident.
April 6, 2017- Motorcyclist Killed On Brooklyn-Queens Expressway
A twenty-something-year-old motorcyclist was fatally struck and killed when a man driving an SUV crashed into him on the Brooklyn-Queens Expressway. The victim was driving westbound on the expressway when he was killed at Morgan Avenue in the early hours of the morning. Fortunately, the driver of the 2007 Suburban who hit him stayed on the scene of the accident. There is no criminality suspected in this accident, however, the police Highway Unit is conducting an investigation.
March 10, 2017- Brooklyn Man Files Lawsuit Over Himalayan Glow Salt Lamps
A class action lawsuit has been filed by a Brooklyn man against a manufacturer of Himalayan Glow Salt Lamps and Salt Candle Holders products. The man’s lawsuit alleges breach of implied warranty, fraud, negligent misrepresentation and unjust enrichment. The complaint was filed individually by the Brooklyn man and on behalf of all others facing a similar situation in U.S. District Court for the Eastern District of New York against WBM LLC, operating business as WMB International. The lawsuit alleged that the defendant obtained profit through unfair or deceptive trade commerce. For more information about this lawsuit go here.
February 17, 2017- 14-Year-Old Boy Hit By Road Rage Driver
A 14-year-old boy was struck by a reckless Porsche driver while he was on a Brooklyn sidewalk. The teenager was busy playing a video game on the corner of Manhattan and Greenpoint Avenue in Greenpoint when the Porsche hit him. The Porsche driver reportedly did not come to the aid of the young man as he was moaning in pain after he was hit, instead, the driver screamed at another driver who was involved in the accident. The 39-year-old Porsche driver was arrested at the scene of the accident and charged with reckless endangerment.
January 4, 2017- Brooklyn Teacher Killed After Being Hit By School Bus And Van
On Tuesday morning January 3rd, a Brooklyn special-education teacher was killed on her way to school. The 29-year-old teacher was struck by a van and a school bus in the Midwood section of Brooklyn. According to police, she was hit twice at Kings Highway and Nostrand Avenue. According to witnesses, the visibility was poor at the time the teacher was going to work at Highland Park Community School. Police also stated that the teacher was walking on the crosswalk across Nostrand Avenue at Kings Highway when the driver of a mini-van struck her. The school bus driver also hit her when she was lying on the street. The people in the neighborhood stated that the intersection where she was struck is a dangerous spot and police have cameras in place in order to catch drivers running red lights.
December 21, 2016- Spanish Radio DJ Killed In Hit-And-Run Accident In Brooklyn
A 39-year-old Spanish radio DJ was recently killed in a hit-and-run accident in Brooklyn. According to the police, the DJ was crossing the intersection of Sheffield and Jamaica avenues a little after 4 a.m. when he was hit by a vehicle. A video shows a postal box being knocked over in the collision and an eye witness states that the driver of the car pulled over for short while, got out of the car and looked at the DJ before getting back in the car and leaving the scene of the accident. This incident is under investigation.
November 17, 2016- Brooklyn Man Charged With Manslaughter For Cyclist’s Death
A Brooklyn man was arraigned in State Supreme Court in Brooklyn on an eight-count indictment that included a charge of leaving the scene of an accident. The 56-year-old man was charged with manslaughter in connection with the hit-and-run death of a cyclist in July. If he is convicted of manslaughter he faces up to 15 years in prison. The driver ran a red light and hit the cyclist from behind. The driver did not stop at all and some of the evidence was captured by a surveillance camera. The cyclist was pronounced dead at Bellevue Hospital Center.
October 1, 2016- SUV Slams Into MTA Bus Outside Brooklyn School
A black SUV slammed into the rear of an MTA bus in front of a school near Ten Eyck St. in Williamsburg in Brooklyn. One man was critically injured and was taken to Kings County Hospital in critical condition. Paramedics also treated three people in the SUV and a few other people on the bus at the scene of the accident. Two people were treated for bloody noses. This accident is being investigated by the NYPD’s Collision Investigation Squad which was called to the scene to investigate.
September 16, 2016- Two People Injured By NYPD Car In Brooklyn
An NYPD car crash injured two people recently in Brooklyn. The crash took place at St. John’s Place and Sixth Ave. in Park Slope in the afternoon. The two victims were taken by emergency personnel to Methodist Hospital with injuries that were believed to be non-life-threatening. There were not further details about what caused the accident.
August 23, 2016- Ambulance Slams Into Another Vehicle In Brooklyn, Injures One Person
In the early hours of August 23, 2016, a private ambulance crashed into another vehicle and jumped onto a sidewalk in Park Slope, Brooklyn. This accident sent one person to the hospital according to officials. The accident took place on Eighth Ave. and Union St. The injured party, who suffered minor injuries, was not an ambulance passenger.
June 28, 2016- Multi-Car Crash Injures Two Children And Their Grandparents
In Brooklyn, on June 25, 2016, a BMW drove into oncoming traffic and struck a Lincoln Town car with four people inside. The car had grandparents and their two grandchildren in it. The BMW crashed into several cars and stopped after it wedged underneath an SUV. The people in the BMW all fled on foot after the crash happened despite some local residents chasing them down. The grandchildren and grandparents were taken to Brookdale Hospital with minor injuries and the parked vehicles the BMW smashed into were all damaged.
May 10, 2016- Cyclist Killed In Brooklyn In A Chain-Reaction Car Crash
On Monday, May 9, 2016, a cyclist was killed in Brooklyn following a chain-reaction car crash. The driver of a 2012 Honda Accord on Avenue P in Midwood went through a red light and hit the driver door of a 2015 Infiniti Q50 as it was going through the intersection at East 12th Street. The two cars ended up crashing into a cyclist whose body was pinned between two parked cars. The cyclist was transported to Community Hospital where he was pronounced dead. The driver who caused the accident has pending charges against him.
April 27, 2016- 6-Year-Old Boy Struck By Car In Brooklyn
A 6-year-old boy had to be rushed to hospital after he had been struck by a car then pinned underneath a vehicle until he was freed. A group of young children saw the accident as it happened in Borough Park. The driver of the vehicle that hit the boy stayed on the scene. The boy was rushed to hospital but his condition was not immediately known.
March 16, 2016- Man Alleges He Was Seriously Injured In New York Manhole Slip-And-Fall
A man alleges that he was seriously injured due to a trip and fall that occurred on an edge of a manhole cover on E. 80th Street in Brooklyn. The man has stated that the city was negligent in its maintenance of the area. The plaintiff’s claims were contested by the New York City Law Department’s defendant, who stated that there was little evidence that the city was made aware of any problems pertaining to the manhole cover.