Answers To Frequently Asked Questions About Personal Injury Law
The aftermath of a serious injury can be confusing and uncertain. Therefore, it’s natural to be filled with questions right now. On this page, we have provided answers to some of the most common questions we receive from injury victims or the families of those who have lost loved ones. After reading, we invite you to contact Connors LLP for advice and guidance from one of our skilled attorneys.
Will New York’s no-fault auto insurance laws impact my ability to sue after a car accident?
The no-fault system in New York often makes taking legal action more complicated, but doesn’t prevent litigation in many cases. In order to be eligible to sue the at-fault driver, your injuries must be considered “serious,” which could mean you suffered a specific type of injury or that your medical costs will exceed no-fault coverage limits.
Working with an experienced attorney like those at our firm is the best way to understand and exercise your legal options after an auto accident.
Who has the legal right to sue for wrongful death in New York?
One of the ways that a wrongful death lawsuit differs from a personal injury claim is that the victim cannot serve as the plaintiff. Each state has its own laws about who has “standing” (the legal right) to sue for wrongful death. In New York, only the executor (or personal representative) of the victim’s estate can bring a claim.
Family members are not permitted to file suit unless a family member is acting as executor. However, family members are often the beneficiaries of wrongful death settlements and jury awards.
I’ve heard that truck accident litigation can be highly contentious. What should I look for in an attorney?
Truck accident cases commonly result in catastrophic injury or death, and trucking companies are typically backed by expensive commercial insurance policies. For both of these reasons and more, truck accident litigation has high stakes for both sides.
Insurance companies are likely to aggressively defend claims on behalf of trucking companies, which means you need an attorney who is experienced in complex litigation and has a strong track record of success. You can learn more about our approach to these cases on our trucking accidents page.
What makes a company liable for creating and/or selling a dangerous and defective product?
There are essentially three ways in which a product may be considered dangerously defective. These include a defect in product design, a defect in the manufacturing process or a failure to warn consumers of dangers (through labeling, marketing and instructions). If you were harmed by a product due to problems with any of the above factors, you may be able to hold the company accountable for product liability.
Outside of strict product liability, you can also bring a claim against the product manufacturer for negligence or for breach of warranty. We can assess your full list of legal options during an initial consultation with one of our attorneys.
How can I tell if my loved one is being abused or neglected in a nursing home?
Nursing home neglect and abuse can sometimes be difficult to prove, especially in cases where a loved one suffers from dementia or otherwise has difficulty communicating. Some signs to look for include:
- Unexplained injuries
- Medical conditions that could indicate neglect, including bedsores (pressure ulcers)
- Problems with hygiene and cleanliness of personal space
- Sudden and unexplained changes in personality and overall mood (such as being fearful or withdrawn)
- Unwillingness on the part of staff to answer your questions and concerns about any of the warning signs mentioned above
If you have suspicions but aren’t sure what to do next, it’s a good idea to speak to an attorney who can provide information and insight.
Do motorcyclists get blamed for their own injuries after a crash with another vehicle?
Unfortunately, the answer is often yes. There is a lot of bias against motorcyclists, who may be labeled as reckless and unconcerned with their own safety simply because they choose to ride.
When you hire our firm, we work tirelessly to investigate your motorcycle crash, determine its cause and to place blame squarely where it belongs: With the at-fault driver. We recognize that anti-biker bias exists and that it can be harmful, but we don’t simply accept it as fate. Our job is to show that you were harmed as the result of someone else’s negligent actions.
Get Answers To Your Questions From Our Knowledgeable Attorneys
Based in Buffalo, Connors LLP serves clients throughout the surrounding areas of New York. If you’ve been injured and want to discuss your legal options, contact our firm today to schedule an initial consultation. You can reach out online or call 716-852-5533.