|
PERSONAL INJURY LAW
The Law Offices of Patel
and Associates has represented the rights of
injured plaintiffs for many years. During
this time our commitment to excellence has
secured for our clients millions of dollars
through both settlements and verdicts. Our
attorneys are experienced and will prepare
your case to obtain the maximum recovery
through trial or settlement. Our staff of
attorneys, paralegals and legal assistants
are committed to providing personal
attention and are always available to answer
your questions.
As skilled Personal Injury Attorneys, we
have a great deal of expertise in a number
of different areas of law relating to
personal injuries, including:
We recognize that our
clients have suffered serious injuries and
require individual attention and
understanding. We are dedicated to treating
my clients with the compassion, respect and
understanding they deserve while providing
them with support, guidance and legal
representation of the highest order. We have
protected the rights of thousands of people
and have established long lasting
relationships with our clients and continue
to assist them during their difficult times.
Our firm handles cases in
New York
As skilled Personal Injury Attorneys, we
handle all negligence cases on a contingency
fee basis. We do not recover any fee unless
we obtain a settlement or verdict for you.
If you are unable to travel to our office,
we can arrange an appointment to accommodate
you.
Verdicts and
Settlements
-
Automobile
Accident:
$2,000,000 for a woman
who suffered several fractures and nerve
damage to her leg.
-
Police
Assault/Brutality:
$1,500,000 for a man who was the victim
of excessive force by police officers.
-
School Accident:
$1,500,000 for a student who suffered an
eye injury as a result of improperly
maintained school equipment.
-
Construction
Accident:
$1,000,000 for a man who suffered an
ankle fracture requiring surgery as a
result of a negligently maintained
construction site.
-
Automobile
Accident:
$750,000 for a woman who
suffered a back injury requiring
surgery.
-
Automobile
Accident:$500,000
for a woman who suffered a back injury
requiring surgery.
-
Medical
Malpractice:
$500,000 for a man who
suffered a permanent ACL injury
resulting in a limp due to a negligently
performed surgery.
-
Construction
Accident:
$460,000 for a man who
suffered serious injuries as a result of
a negligently maintained construction
site.
-
Nursing Home
Negligence:
$430,000 for the estate
of a man who suffered decubitus ulcers
resulting in a partial amputation as a
result of nursing home negligence.
-
Police Assault:
$400,000 for a woman who was the victim
of excessive police force.
-
Automobile
Accident:
$400,000 for a woman who suffered a back
injury requiring surgery.
If you or someone you know
needs the assistance of an experienced
Personal Injury Attorney, call the Law
Offices of Patel and Associates today at
1-646-290-6449, or complete the contact form
provided on this site to schedule your free
consultation.
Practice
Areas and Legal Definitions
Medical Malpractice:
Medical malpractice is the failure of a
health care provider to follow the accepted
standards of practice of his or her
profession in the community where the
service is rendered. If a physician was
careless, lacked proper skills or
disregarded standardized rules resulting in
injury to a patient, a jury may find the
health care provider liable for negligence.
Hospitals can also be held liable for the
negligence of their employees, including
staff nurses and technicians.
Examples
of Medical Malpractice include:
-
Failing to diagnose a
tumor while reading an x-ray
-
Puncturing a nearby
organ or tissue during surgery
-
Failing to order
necessary and appropriate medical tests
-
Failing to diagnose a
condition in time to treat it properly
-
Failing to refer a case
to a medical specialist
-
Prescribing incorrect
medication
-
Brain Injury
-
Birth Injury
-
Cerebral Palsy
-
Incorrect diagnosis that
results in a failure to treat a medical
condition
-
Failing to properly
administer anesthesia
-
Emergency room
negligence
-
Dental Malpractice
-
Cosmetic Surgery
Malpractice
Birth Injury:
Birth injury
malpractice is the failure of an
obstetrician to properly perform his or her
duties; i.e. failure to administer blood
tests to detect abnormalities that can
result in death or serious injury to both
the mother and fetus. If you have been
injured because of improper medical care you
may have a claim against the
obstetrician/gynecologist who treated you.
However, statutes of limitations bar the
filing of claims after a certain period of
time following the negligent act.
Cerebral Palsy:
Cerebral
palsy is permanent brain injuries that
affect an infant in the womb, during birth,
or in the months following birth and is one
of the most common birth injuries in the
United States. Cerebral palsy patients are
subject to limited motor skills, speech
difficulties and learning disabilities.
When cerebral palsy occurs as the result of
medical malpractice, the responsible party
inflicting said injuries can be held legally
responsible. Examples of medical
malpractice during delivery include leaving
the baby in the birth canal too long
resulting in oxygen deprivation, and/or
failing to perform or delaying a necessary
C-section.
Anesthesia
Negligence:
Medical malpractice injuries can occur when
anesthesia is improperly given or not given
in a timely manner to a patient during a
surgical procedure. If the failure of the
anesthesiologist is the cause of injury or
death to a patient, damages may be
recoverable under the laws of medical
malpractice.
Spinal Cord Injury:
Spinal cord injury (SCI) occurs when the
nerves within the spinal canal are damaged.
Most SCI's are caused by trauma to the
vertebral column, affecting the spinal
cord's ability to send and receive messages
between the brain and the body's systems
that control sensory, motor and autonomic
function. Motor vehicle accidents are the
leading cause of SCI, followed by acts of
violence, falls, sports injuries and
diseases such as polio, spina bifida and
Friedreich’s Ataxia. The spinal cord does
not have to be severed in order for a loss
of functioning to occur. In fact, in most
people with SCI, the spinal cord is intact,
but the damage to it results in loss of
functioning.
Traumatic Brain Injury:
Traumatic brain injury (TBI) is a medical
phrase used to describe the damage to the
brain suffered by sudden impact or physical
force to the head. Essentially, the human
brain floats in a fluid substance called
cerebrospinal fluid. TBI can result when
the force of momentum causes the brain to
impact against the skull. This type of
injury, often the result of hitting your
head on the windshield, pavement or object,
is frequently referred to as a “closed head
injury.” Whiplash can also cause TBI.
These closed head injuries can result in
lasting physical and mental problems.
Burn Injuries:
People who have suffered and survived the
agony of second, third and even fourth
degree burns describe the pain they
experienced as among the most severe of all
traumatic injuries. Personal injuries
involving severe burns commonly result from
explosions, premises fires, defective
products, motor vehicle collisions, electric
shock, as well as accidental exposure to
harmful chemicals and radiation.
Slip and Fall/Premises Liability:
Slip and fall accidents can happen anywhere
and can cause serious personal injury. Most
slip and falls happen in commercial
settings, such as grocery stores, drug
stores, office buildings, construction
sites, gas stations and malls, but they also
happen on private property. Premises
Liability accidents can include toxic
exposure, animal attacks, swimming pool
accidents and amusement park ride
accidents. In any event, there exist duties
on the part of the property owners to
maintain the property responsibly and avoid
the existence of hazardous conditions.
Dangerous or defective conditions may be
large or small, temporary or permanent.
Therefore, investigation of the claim is
essential to a successful case. Temporary
conditions such as water on the floor of a
grocery store, or snow and ice on the stairs
of a restaurant need to be investigated
quickly.
Construction/ On-the-Job Accidents:
Construction labor makes up one of the three
most dangerous occupations in the United
States today; each year producing thousands
of debilitating injuries and wrongful
deaths. Factors that contribute to
construction accidents include workers
lifting loads with worn and weathered
cables, working on elevated platforms
without fall protection or wearing defective
safety harnesses and lanyards, and/or
working in trenches with improper benching
and using outdated tools and equipment.
Farming and manufacturing accidents, as well
as the oil and gas industry accidents can
also cause serious injury and toxic
exposure.
Toxic Exposure:
Due to the tremendous growth of
corporate industry in the United States
over the past fifty years, the number of
dangerous, toxic substances in the
environment has grown significantly.
Some toxic substances are shown to cause
substantial injury to people, such as
lead-based paint (linked to brain
damage, especially in children),
asbestos (linked to lung cancer and
restrictive lung disease), dry cleaning
and other solvents (linked to brain
damage and major organ damage),
pesticides such as dioxin and DDT
(linked to birth injuries) and toxic
landfill waste (linked to leukemia).
Insurance Claims:
Insurance claims are a notice for
reimbursement from an insurance company when
the insured has suffered a loss that is
covered under the insurance policy.
Insurance companies cannot refuse to pay a
customer's claim without "reasonable
justification." This means that an
insurance company must engage in a
reasonable investigation and pay legitimate
claims in a timely manner. If an insurance
company fails to handle its customer's claim
properly, it may be held accountable for
resulting economic losses, including lost
wages, interest on money the insured
borrowed to cover expenses while insurance
benefits were wrongfully withheld, and loss
due to damaged credit.
Nursing Home Abuse & Neglect:
Americans are living longer than ever
before. The fastest growing segment in the
United States is the elderly population. As
a result of this demographic shift, many
elderly Americans have become residents of
nursing homes during their final years. As
many of these nursing homes are under-funded
and understaffed, a disturbing incidence of
neglect and abuse is being reported.
Injuries sustained by nursing home residents
due to neglect and abuse often involve the
inappropriate use of physical restraints,
joint contractors, overuse of sedatives,
unnecessary use of urinary catheters, loss
of mobility, pressure sores and lack of
nutrition with weight loss.
Vehicle Accidents:
Legal claims that arise from vehicle
accidents are typically governed by the law
of negligence. Any individual who
negligently operates a motor vehicle may be
required to pay damages to an injured
victim. A personal injury case involving a
vehicle accident may become formalized
through civil court proceedings or may be
resolved through an informal settlement
before a lawsuit is filed. Vehicle
accidents can include:
The
surviving family members of a fatally
injured accident victim may be able to bring
wrongful death charges against the
defendant.
Automobile
Accidents:
A car accident is a collision involving an
automobile and anything that causes damage
to the automobile, including other
automobiles, telephone poles, buildings and
trees. Sometimes a car accident may also
refer to an automobile striking a human or
animal. Car accidents — also called traffic
collisions, auto accidents, road accidents,
personal injury collisions, motor vehicle
accidents and crashes — kill an estimated
1.2 million people worldwide each year, and
injure about forty times this number.
Bicycle Accidents:
According to the Federal Highway
Administration, over 67,000 cyclists in the
U.S. are injured every year in accidents
involving motor vehicles. Many cyclists who
are injured in bicycle accidents are unaware
that they have a personal injury case and
that they may be entitled to compensation
for injuries, pain and suffering, medical
bills and lost incomes. A cyclist may be
entitled to receive compensation for an
injury sustained because of a pothole, poor
road or defective sidewalk. There are state
mandated residential and commercial bicycle
laws, which entitle cyclists to observe
different traffic rules than cars, trucks
and other motorized vehicles. This may mean
that the cyclist is not legally responsible
for an accident.
Motorcycle Accidents:
Motorcycle riders are often exposed to
dangers not met by automobile drivers and
other motorists on the road. The lack on
any substantial protective barriers, as well
as the difficulty that other motorists may
have in seeing or stopping for a motorcycle,
leaves riders prone to serious personal
injury in the event of an accident.
Train Accidents:
Train accidents can result in injuries such
as sprains and fractures, catastrophic
injury such as head trauma, brain damage,
paralysis and loss of lives or property.
Train accidents can include derailments,
collisions with passenger vehicles or other
trains, grade crossing accidents or
accidents due to mechanical failure. It is
the railroad company's responsibility to
ensure that there are appropriate signals
and gates at every railroad crossing for
safety precautions. If the railroad company
fails to take such precautions, they are
liable for any injury or death that ensues.
Victims of train accidents may be entitled
to compensation for pain and suffering,
medical expenses, property damage, lost
wages and loss of earning capacity.
SUV Rollovers:
Although SUV rollovers do not occur as often
as other automobile accidents, when they do
occur they have a higher chance of resulting
in serious injury or death, and are
considered to be the most fatal type of
vehicle accident on national roadways.
According to the Federal Highway
Administration, SUV rollover accidents
account for more than side and rear fatal
vehicles combined and SUV's are three times
more likely than the average passenger car
rollover.
Although SUV's were designed primarily for
the purpose of off-roading, manufacturers
have since discovered their immense
popularity as family vehicles.
Manufacturers have begun removing roll bars
in current models. SUV seat structures are
not designed to keep occupants in place
during a rollover regardless if seatbelts
are worn. Vehicle roofs, windshields and
side windows easily collapse, increasing the
risk of occupant head, brain and spinal cord
and back injuries. While the body of an SUV
remains the same as it would if used for
off-roading, the removal of the roll bars,
combined with the high center gravity due to
multiple passengers, make rollover accidents
and occupant ejection that much more fatal.
Defamation (libel & slander):
A form of personal injury that does no
physical harm but can be extremely harmful
to person's reputation or character is
called defamation. Defamation is false and
unprivileged spoken words (slander) or
written publication (libel) which exposes
any living person to hatred, contempt,
ridicule or, which causes a person to be
shunned or avoided, or which has a tendency
to injure him or her in his or her trade or
occupation.
Defective Products:
Products liability refers to a manufacturer
or seller being held liable for placing a
defective product into the hands of a
consumer. Products liability cases may
include defective or poorly designed
machinery, tools, motor vehicle defects,
recreational products, pharmaceuticals and
other defective products and equipment. A
person injured by a defective or dangerous
product may be eligible to file a lawsuit
for product liability. Damages can be
recovered under one of the following
categories: strict products liability;
negligence or breach of warranty.
Workers' Compensation:
Workers' compensation is insurance that an
employer is required by law to carry in case
an employee is injured on the job or becomes
ill, temporarily or permanently disabled, or
fatally injured due to circumstances
surrounding his or her job. Although
workers' compensation laws vary from state
to state, covered medical care generally
includes: medical, surgical and hospital
services; dental services; crutches; hearing
aids; chiropractic treatment; physical
therapy; nursing care and prescribed
medications. Additional monetary
compensation may be provided if an injured
employee is temporarily unable to work for
more than a certain number of calendar days
set by state law, hospitalized as an
in-patient, or becomes permanently disabled
due to a job-related injury or illness. The
right to receive medical treatment at the
employer's expense typically continues as
long as treatment is reasonable and
necessary to treat the injury.
Wrongful Death:
A wrongful death occurs when a person is
killed due to the negligence or misconduct
of another individual, company or
organization. A legal action for wrongful
death belongs to the decedent's immediate
family members, usually a surviving spouse
and children, and sometimes parents. Under
certain circumstances, unrelated minor
children living with and supported by the
decedent may also bring a claim for wrongful
death. In order to bring a successful
wrongful death cause of action, the
following elements must be present:
-
The death of a human
being caused by another's negligent or
intentional conduct.
-
The survival of family
members who are suffering the loss of
financial support, love, care, comfort,
supervision, guidance, household
assistance and general society
previously provided by the deceased.
The
general rule in wrongful death cases is that
one is entitled to recover both economic and
non-economic damages which are suffered as a
result of the loss of a loved one. Economic
damages in a wrongful death case include an
award for the financial contributions which
the decedent would have made to his or her
spouse, children and/or parents had he or
she survived. It also includes the recovery
for funeral service expenses in memory of
the decedent and for burial cost.
Non-economic damages include loss of love,
society, companionship, comfort, affection,
solace or moral support.
BACK TO
SERVICES |
