Jackson Heights Personal Injury
Jackson Heights is a neighborhood of which about half has been designated as a New York City Historic District. About one of every 13 adults there who are age 16 or older are unemployed, and 60% of residents spend more than 30% of their monthly gross income on rent. More than 20% of Jackson Heights residents live in poverty. This makes it challenging to cover expenses after a serious car crash or another accident. If you suffer injuries due to another person or business' negligence, you should consult an experienced trial attorney. At Newman, Anzalone & Newman, LLP, our Jackson Heights personal injury lawyers may be able to represent you in a lawsuit for damages.Assert Your Rights Through a Personal Injury Claim
The situation in which an accident happens will affect what must be proven to recover damages. For example, if you suffer serious injuries in a truck accident, you will likely need to establish the negligence of the truck driver. This means that you will need to prove that the defendant owed you a duty of reasonable care, and there was a breach of that duty, as well as causation and damages. A truck driver's breach of the duty to use reasonable care may be based on speeding, weaving, failing to obey traffic signals, driving while fatigued, failing to adhere to hours of service rules, drunk driving, and many other behaviors. In the case of a truck accident, the truck driver's employer may also have indirect or direct liability.
When an accident occurs while visiting someone else's property, it may be possible to sue the building owner in a premises liability lawsuit. For example, if the ceiling collapses while you are visiting a friend who lives in Jackson Heights, and you suffer broken bones and brain injuries, you may have a claim against the building owner, which has a non-delegable duty of care for the building's structural integrity. Property owners should use reasonable care to inspect their property so that they can learn of any hazards and either make repairs or provide warnings as appropriate. A personal injury attorney in Jackson Heights can help you prove not only negligence but also actual or constructive notice in a premises liability lawsuit. There is constructive notice if a property owner should have known about a hazard if it had taken reasonable care. There may also be other entities that you can hold responsible.
In many cases based on negligence, the defendant tries to raise the plaintiff's negligence. New York follows the rule of comparative negligence. This means that the jury will evaluate the evidence and arguments, determine the total damages, and assign percentages of fault. As a plaintiff, your damages will be reduced by an amount equal to your fault. Thus, for example, if the damages after a truck accident are $300,000, when you are found 0% at fault for an accident, you will recover the total damages. However, if you are found 33% responsible, you can recover $200,000 from the defendant or defendants.
If your Jackson Heights personal injury attorney can establish another person or entity's liability for an accident, you may be able to recover compensatory damages. Compensatory damages are damages that are intended to replace economic and noneconomic losses arising from your injuries. They can include hospital expenses, doctor's bills, lost income, lost earning capacity, household services, pain and suffering, and vocational rehabilitation. In the case of drunk driving accidents that cause serious injuries, it may also be possible to recover punitive damages. Punitive damages are damages awarded to punish the defendant and deter future similar actions.Contact a Personal Injury Lawyer in Jackson Heights
For many people, the only way that they can pay their medical bills and other significant expenses after an accident is by bringing a personal injury lawsuit. If you suffer serious harm, you should retain a skillful trial attorney. Newman, Anzalone & Newman, LLP provides aggressive legal representation for personal injury and wrongful death lawsuits. Call us at 718-896-2700 or use our online form to set up an appointment.