Millions of people end up in the emergency room for unintentional or accidental injuries each year. While many of these injuries are “accidents,” many of them were also preventable or resulted from another party’s negligence. When this is the case, injured victims can recover compensation through a personal injury claim.
Injury claims are notoriously difficult to handle alone. A personal injury lawyer in Hempstead, NY at Goldstein & Bashner knows the ins and outs of personal injury law and can help you get the compensation you need today. Call us to schedule a free consultation: 516-874-4362.
Common Types of Accidents
We have seen every type of personal injury imaginable. The most common we see include:
Thousands of people die, and thousands more are injured, in car accidents every year. Many of these accidents result from different forms of negligence including distracted driving, drunk driving, speeding, drowsy driving, and failure to follow traffic laws.
Pedestrians and bicyclists involved in accidents can suffer severe or fatal injuries. If the injured party can prove that the driver’s negligence caused the accident and injuries, s/he can recover compensation for all accident-related injuries.
Commercial Truck Accidents
Trucks on the roadway are much more dangerous than passenger vehicles due to their large size and weight. Trucks are also more difficult to control than smaller vehicles and require a longer braking time. As a result, trucks can collide with passenger vehicles, causing serious injury.
Truck accident cases are also much more complex than the typical accident case as liability is often on the trucking company rather than the driver; injuries are more severe; and much of the evidence necessary to prove a truck driver caused your accident is in the hands of the trucking company.
Motorcyclists are at risk every time they ride their bikes on the roadways. Passenger vehicle drivers have trouble spotting motorcycles due to their small size. Injuries can also be severe as motorcycles do not have the protective casing that other vehicles provide.
Motorcycle accident claims are often difficult to win because of the bias many people have against motorcycle riders.
Property owners have a duty to maintain a reasonably safe property to protect those who enter from injury. When a person suffers injury on someone else’s property due to a dangerous condition, the property owner may be liable for injuries.
Both workers and pedestrians are at risk for injury at or near construction sites. Falling objects, faulty machinery, and defective equipment can cause devastating injuries or death.
The federal government enacted the Federal Employers Liability Act (FELA) to protect railroad workers from hazards by providing a reasonably safe work environment. Claims brought under FELA require the injured employee to show that the railroad or other defendant was negligent and caused their injuries.
Train passengers can also recover compensation if they suffered injuries due to the railroad company’s negligence. Common train accidents include:
- Being hit by the train
- Falling onto the tracks
- Getting caught between the train and platform
Common Injuries from Long Island Accidents
Accident victims can suffer from a multitude of injuries that affect various parts of the body. As a result, many of them are unable to work and must undergo months of therapy. Some may require treatment and medical assistance for the rest of their lives. Some of the most common serious injuries include the following:
Traumatic Brain Injuries
Brain injuries occur when the head collides with an object or when an object penetrates the skull. These injuries can range from mild concussions to severe brain damage. The effects of the injury will depend on the treatment received and the severity of the injury.
Generally, brain injuries can cause cognitive difficulties, inability to walk or talk, memory loss, and even permanent disability.
Patients with moderate to severe injuries will likely require extensive medical treatments including surgery, physical therapy, rehabilitation, cognitive therapy, and at-home care.
Spinal Cord Injuries
When damage occurs to the spinal cord or nerves, a person may never be the same. Many patients suffer from paraplegia or quadriplegia as a result.
Paraplegia prevents patients from moving the bottom half of their bodies, whereas quadriplegia prevents movement below the neck. While rehabilitative therapy and other treatments can help some patients gain back function, many will likely require lifelong assistance.
Many of the accidents mentioned above can result in broken bones. Sometimes, the patient is fortunate and the bones heal correctly in a few months.
However, in many cases, the bones do not heal correctly and patients must undergo further treatments. Even after receiving treatment, there is no guarantee that the patient can resume pre-accident activities.
After an accident, the focus tends to be on physical injuries. However, psychological difficulties can be just as devastating. Many accident victims experience anger, sadness, and fear as a result of their injuries. These feelings can lead to depression, anxiety, and post-traumatic stress disorder. Patients may require counseling and medications to handle their mental and emotional issues.
How to Hold The At-Fault Party Accountable
Most personal injury cases hinge of the concept of negligence. Essentially, you file a claim against the party whose careless or intentional actions caused your injury.
To prove negligence, you must establish:
- Duty: The at-fault party must have owed you a certain duty. For example, drivers owe other drivers a duty to drive safely; property owners owe visitors a duty to keep their property safe.
- Breach of Duty: The at-fault party must have breached that duty. A breach can include a failure to abide by laws, behaving recklessly, and failure to act as a reasonable person would in those circumstances. You can prove breach with police reports, statutory law, witness and expert testimony, and other evidence.
- Causation: Your injury must have been a direct result of the at-fault party’s behavior. You will have to prove that the consequences of their actions were foreseeable and that your injuries would not have occurred but for the negligent behavior. Expert testimony is helpful when establishing causation.
- Damages: You also need to prove you suffered injuries in the accident. Medical records, expert testimony, and lost wages other evidence can prove your damages.
Our team knows what evidence is necessary to prove a personal injury case. We gather evidence and handle your claim for you so you can focus on recovering from your injuries.
If your case is successful, you can recover compensation for your medical bills, lost wages, pain and suffering, mental anguish, and any other accident-related expenses.
Winning a personal injury claim is difficult, especially if you do not have a background in law. No matter what type of accident you have been involved in, our team can help make sure you get the compensation you deserve.We thoroughly analyze the details of every case and give you the best chance at recovery. To schedule a free consultation, call Goldstein & Bashner at 516-874-4362 today.