Starting an Injury Lawsuit

All personal injury claims are unique in their fact patterns, whether a Motor Vehicle Accident, Medical Malpractice, Trip and Fall, Slip and Fall, Products Liability, Labor Law, Construction Site accidents, Lack of Security, Firefighter or Police Officer claims, or claims involving Sanitation Workers.

However, within each claim, the lawsuit will follow the following format:

Defendant Injures Plaintiff
In a manner previously stated, this can be all kinds of harmful or detrimental action or inaction on the part of the defendant.

Plaintiff Establishes a Breach of Legal Duty by Defendant
There are specific duties or legal responsibilities and/or obligations that defendants must follow and that apply depending on the situation, and these duties are what come into question when injuries occur.

Some examples are as follows:

• Drivers have a duty to operate their vehicles with reasonable care and attention
• Doctors have a duty to provide medical care with a certain level of competence and skill
• Manufacturers have a duty not to produce and/or sell defective or unreasonably dangerous products
• Landlords must maintain premises in a safe manner
• Landlords must secure premises against intruders or persons looking to do harm

(Most law firms representing plaintiffs in personal injury matters do not have the resources or manpower to take cases to trial. Marc J. Bern & Partners LLP has both, and is not scared to take on the big insurance companies.) Call 1-800-LAW-5432.

In New York, construction workers are fortunate to be covered under “Labor Laws” that have been specifically created to protect against the many harms workers face on the job every day. While these Labor Laws have been put in place to deter unsafe work practices, accidents still commonly happen that cause major injuries and can be life changing. When they do happen, several important questions and facts can be critical in determining whether the injured party has a case under New York’s Labor Law Statute.

Once involved in a construction accident, it is critical to act quickly in seeking out legal advice. Conducting a prompt and thorough investigation is crucial for obtaining photos of the accident site as it was when the accident occurred, gathering witness statements, and determining whether any other evidence is available at the accident scene. It is important to get to the accident scene quickly in a Labor Law case because these types of cases often turn on a few important facts.  These include the type of construction work being performed, the equipment used (or not used) for the particular job, the elevation at which the accident took place, and several other issues. These facts can mean the difference between recovery and not having a claim under New York’s Labor Law Statutes.

Finally, seeking immediate medical care is essential if you have been injured on the job. Many times, accident victims try to deal with the pain of their injuries and delay medical treatment for fear of losing their job or because they feel they need to keep working to provide for their family. While understandable, the decision to delay medical treatment can create problems in your case and may allow those responsible for your injuries to allege that your injuries were not caused by the accident at issue.