Queens Personal Injury Lawyer
Sustaining an injury due to the negligence of another individual is a frustrating and stressful experience for any person. After suffering an injury in an accident, a victim should be concerned about how they can receive compensation for their injuries and other losses. Fortunately, our firm can help you explore your legal options for a potential case. If you or a family member suffered a severe injury due to the negligence of another person or entity, consult with an experienced Queens personal injury lawyer as soon as possible.
At Sullivan & Galleshaw, LLP, we are committed to fighting for victims that were injured in a serious accident that could have been avoided. A serious accident can immeasurably impact a victim’s life, and we are here for you in your time of need. To schedule a free legal consultation with our Queens personal injury attorney to discuss your potential lawsuit, you should contact Sullivan & Galleshaw, LLP at (877) 311-4878. You may also contact the firm by using our online submission form.
Common Personal Injury Lawsuits Our Firm Handles in Queens, NY
What types of injury lawsuits can our Queens law firm represent? Personal injury is a broad range of law that encompasses various types of claims. At Sullivan & Galleshaw, LLP, our firm is well-versed in multiple types of personal injury claims, including vehicle accidents, medical malpractice, product liability, and more. The following is a list of common personal injury lawsuits that our Queens law firm is prepared to litigate on your behalf.
A car accident may occur under a variety of circumstances. When a negligent driver is behind the wheel of the vehicle, they pose a danger to every motorist or pedestrian that must share the road with them. For example, if a driver decides to consume alcohol and operate their vehicle while intoxicated, they could cause a severe injury to another motorist. There are other circumstances that could lead to a car accident:
- Drowsy driving
- Distracted driving
- Tire blowouts
- Ignoring traffic signals
This is not an exhaustive list.
Our Queens personal injury firm also handles many other categories of car accidents. For example, if you were struck by a commercial vehicle like a bus or 18-wheeler, we can help you seek compensation for your injuries. We also offer representation for the following categories of car accidents:
- Hit and run accidents
- MTA subway accidents
- Truck accidents
- Uber and Lyft accidents
- Taxi accidents
- Pedestrian car accidents
Premises Liability Lawsuits
Premises liability refers to the duty of property owners to visitors on their property. Slip and fall accidents are the most common type of premises liability claim likely because they can occur anywhere. A slip and fall accident occurs when a victim trips over a hazard on the property of another. For example, if a grocery store failed to clean up a spill in an aisle, they could be held liable if a victim slips and injures themselves. Other instances of negligence that can lead to a premises liability lawsuit are:
- Poor lighting on a property
- Unplowed snow or ice
- Unstable staircase or handrailing
- Poorly identified construction site
- Broken sections of a sidewalk
Queens property owners have a duty to keep their property free of safety hazards that could injure a visitor. A property owner can also satisfy this duty by warning a visitor of the danger. For example, placing a wet floor sign on a freshly mopped floor will signal to others to be careful in that particular area.
A property owner’s level of liability will depend on the status of the visitor. Note, however, that a property owner may even owe a burden to a trespasser on their property under certain circumstances. Our firm could help you seek compensation if you were injured due to the negligence of a property owner.
We often hope that our doctor will provide us with the best of care. Unfortunately, there are many cases where a doctor’s negligence resulted in a patient being severely injured. A medical practitioner commits medical malpractice if they fail to uphold the standard of care that is common within their field of expertise. For example, if a hematologist fails to diagnose clear signs that a patient has developed a blood disorder, they could be held liable if the misdiagnosis led to other injuries for a patient.
There are various types of medical malpractice claims that our firm can litigate for you:
- Anesthesia injuries
- Birth injuries
- Surgical errors
- Nursing home abuse
- Prescription errors
This is not a comprehensive list. If you were injured due to a doctor’s mistakes, you should speak with one of our malpractice attorneys as soon as possible.
Oil and Gas Refinery Explosions
Oil and gas refineries must be operated with extreme caution to avoid the possibility of an explosion. However, some companies may elect to cut corners in order to increase profits for the company. For example, if an oil refinery fails to maintain equipment adequately, they increase the risk of a refinery explosion.
Refinery explosions are especially dangerous because a victim caught in the blast could be disfigured or may even sustain a fatal injury. The following injuries can be sustained due to an oil refinery explosion:
- Bone fractures
- Burn injuries
- Cuts, lacerations, and loss of limbs
- Loss of vision, hearing, or both
- Lung injuries
Defective Product Claims
When a consumer purchases an item from a retailer, they expect that the product will operate as intended. However, some companies may rush the manufacturing process and skip quality assessment tests to get a product onto the market quickly. When this happens, there is an increased risk that a product could malfunction. For example, if the tread separated from your tires while driving, it was likely caused by a manufacturing error.
There are multiple parties that could be held liable for a defective product being placed in the stream of commerce. Our firm could help you pursue the compensation you deserve if the product you purchased malfunctioned and injured you or a family member.
Sullivan & Galleshaw, LLP handle many other types of personal injury claims in Queens that are not discussed above. To learn more about when you can file a personal injury lawsuit in New York, you should continue reading and speak with an experienced Queens personal injury lawyer today.
When Should I File a Personal Injury Lawsuit in Queens, NY?
If you were the victim of an accident in Queens, Sullivan & Galleshaw, LLP could help you file a personal injury lawsuit against the parties responsible for your injuries. A potential plaintiff should be aware that their case is subject to the statute of limitations. The statute of limitations is a law that governs how long a victim has to file a lawsuit with a court of law.
The statute of limitations may vary depending on the circumstances of the plaintiff’s case. For instance, a personal injury lawsuit based on a car accident may have a different filing deadline than a case that was triggered due to medical malpractice. For this reason, a victim should not make assumptions regarding the statute of limitations for their case. If a plaintiff miscalculates how long they have to file a lawsuit, it will only harm their case.
In the State of New York, the statute of limitations for a personal injury lawsuit is three years from the date of the accident. This filing deadline also applies to cases like car accidents, premises liability claims, and product liability claims. However, if a victim wishes to file a medical malpractice lawsuit, they must file their case within 2.5 years of the date of the malpractice. This deadline is also subject to change depending on how long a patient received care from the practitioner that committed malpractice.
If a plaintiff files their lawsuit after the statute of limitations has passed, the court can dismiss the claim. This can happen if the defendant moves to dismiss by arguing that the plaintiff has exceeded the statute of limitations deadline. As a result, the plaintiff may be left with no options to seek compensation for their injuries.
Three years is indeed a lengthy amount of time to file a case. However, there are various benefits to filing the case as soon as possible. For example, it may take weeks to prepare to file your case with a court of law, which can be troublesome if the deadline is quickly approaching. Additionally, an experienced attorney may refuse to accept your case if the statute of limitations deadline is only a few weeks away. There are other reasons to file your case as soon as possible:
- Ensure evidence is not lost or destroyed
- Keep memories of the accident fresh in the mind of an essential witness
- Reduce the possibility of a defendant or vital witness moving to a location where they cannot be found
- You may need compensation to manage medical bills and other expenses
Our firm is here to discuss your concerns if you are worried about the filing deadline for your potential lawsuit.
Damages Available for a Personal Injury Case
After a plaintiff has prevailed in a personal injury case against a defendant, they can be awarded damages for their injuries and other losses. To prove a personal injury claim, a plaintiff typically must show how the defendant acted negligently. Accurately, the plaintiff must prove the following four elements:
- The defendant owed the plaintiff a duty of care
- The defendant breached the duty of care to the plaintiff (e.g., manufactured a defective product)
- The plaintiff sustained an injury or other losses due to the defendant’s breach
- The plaintiff suffered an injury or other losses a court of law has the power to compensate
After proving negligence, a plaintiff can be awarded compensatory damages. Note, however, that a plaintiff must also verify their damages. For example, documentation showing the costs of vehicle repairs or medical bills will be needed to prove damages.
What types of compensation can you recover in a personal injury lawsuit? Compensatory damages can be split into two categories: economic losses and noneconomic losses. Economic losses are simple to calculate because they are based on objective factors. Noneconomic losses are harder to calculate because they largely depend on subjective calculations. For example, medical bills would fall under economic losses, while pain and suffering would fall under noneconomic losses. The following are damages available for a personal injury claim:
- Loss of wages including past and future income
- Loss of consortium
- Property damage
- Disfigurement or loss of limbs
- Loss of consortium
It is important to note that New York does not place a cap on damages for noneconomic losses.
Contact Our Trusted Queens Personal Injury Lawyers to Discuss Your Potential Lawsuit
If you or a family member was a victim of a car accident, slip and fall, or another type of accident, you should contact an experienced Queens personal injury attorney today. The committed injury attorneys at Sullivan & Galleshaw, LLP possess decades of combined legal experience, and we would be pleased to provide you with the unique legal representation you deserve. To schedule a free consultation to discuss your legal options, contact Sullivan & Galleshaw, LLP at (877) 311-4878. You may also contact the firm online.
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“James is the best lawyer I have ever had. I would strongly recommend him. I would even go as far as to say you would have to be crazy to use anyone else. He is extremely knowledgeable, quick thinker and always available to answer your questions. He is motivated, energetic and will do whatever it takes to win. The best quality James has and one that you will not find in other lawyers is that HE CARES!!!.”Eileen
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