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Personal Injury Law

NY Personal Injury Lawyers Serving All of New York

Personal injury law is the area of the law that holds people or organizations responsible for the harm they cause to others. Using New York's personal injury laws, victims of some type of injury, physical, financial, emotional or cognitive, may sue the people responsible for their injuries. These lawsuits generally seek to recover the costs victims had to pay because of the accident, which can include medical bills, missed work, funeral bills and more. They usually also seek to recover compensation for damages that are harder to put a dollar amount on, such as financial compensation for a lifelong disability created by an accident or the loss of a deceased family member's care and love. In extreme cases, victims may also be able to recover punitive damages, which seek to punish wrongdoers for deliberate or egregious violations of the law.

New York personal injury lawsuits often, but not always, arise out of avoidable or foreseeable accidents. Some come from deliberate actions by another that violate the law. And a few come from "strict liability," a legal concept saying that a wrongdoer is legally responsible for harm regardless of the circumstances.

Fractures

Fractures come in all shapes and sizes, but all are serious none the less. Two main types of fractures include: “open fractures” and “closed fractures”. An open fracture is a broken bone that results in a tear through the skin and may have a protruding bone. When a broken bone breaks through the skin, immediate treatment and an operation is often required to clean the area of the fracture. Due to the risks of infection, additional problems associated with the healing of the fracture can develop. A closed fracture occurs when the fractured bone remains under the skin. Immediate attention is still essential for closed fracture treatment, but the threat of infection is minimal. The force and severity of an accident determines the seriousness of a fracture injury. Open fractures are typically caused by high-energy injuries such as car crashes, falls, or sports injuries, while closed fractures can result from the same injuries and those of less severe impact.

The way in which the bone breaks also shows the severity of your injuries. Types of breaks include:

  • Simple fracture - when the bone is broken into two pieces and separates.
  • Hairline fracture - when the bone cracks but doesn't separate. They appear like "hairs" in an x ray.
  • Comminuted Fracture - when the bone is broken into more than two pieces. Often, two major pieces and a smaller piece.
  • Avulsion Fracture - when a portion of the bone is pulled away from the bone by a tendon.
  • Greenstick fractures - when the bone develops tiny fissures without actually breaking into separate pieces.
  • Compound fractures - when the bone breaks and punctures the skin. These are particularly complicated to treat and are dangerous because they create the possibility of infection.

The state of New York clearly considers fractures as serious injuries by defining it as such under the New York State No Fault law. This allows an injured individual to sue an at-fault party. The experienced attorneys at Elovich & Adell are here to ensure that you receive the maximum result from your fracture or broken bone lawsuit.

Back, Neck, and Spinal Cord Injuries

There are many different ways that a back and neck can be injured. The back is comprised of the spinal cord, which attaches to the neck at the top and the tailbone and hips at the bottom, and a complex system of muscles and tendons surrounding the spine. Each working part of the spine is susceptible to injury, so back injuries vary greatly in their type and location. Even if a back or neck injury is not initially severe, torn discs or injured vertebrae can result in medical complications that make it difficult to work or engage in normal physical activity.

All back, neck, and spinal cord traumas should receive immediate medical treatment. Pinched nerves, cracked vertebrae and spinal cord injury negatively impact other areas of the body, sometimes with long lasting side effects. Disruptions in the ability to eat, imbalances in the circulatory and nervous systems and other vital body functions make normal life difficult.

Brain Injuries

No matter the cause, brain injuries are one of the worst harms an individual can suffer from. Traumatic brain injuries are often permanent, always life-changing, and affect the lives of both victims and their families. Whether a Traumatic Brain Injury (TBI), closed head injury, skull fracture, depressed skull injury, or brain bleed, many individuals have long-term disabilities as a result of their injury, and those impairments vary greatly. Brain injuries have differing levels of severity and affect each victim differently. A person who has suffered a brain injury may have to readjust many areas of their life and may not be able to continue living the way they did before the injury. Some areas that may be affected as a result of brain injury may include but are not limited to: speech and language, attention, personality, physical movement, visual skills, and memory.

The process of dealing with a brain injury can be emotionally and financial draining on the victim and loved ones. A variety of medications, surgeries, and rehabilitation may be necessary. If you or a loved one has been the victim of an accident that caused brain injury get the help you deserve.

Dog Bites and Other Animal Attacks

Many people love and adore their animals (dogs especially) as if they are a part of the family. Unfortunately, however, a sad truth is that each year approximately 4.7 million people are bitten by dogs in the United States and New Yorkers are no exception. Animal attacks can occur for countless reasons, including such reasons as: the animal has been poorly trained or the owner has not taken responsibility in treating the animal's aggressive behavior. However, one thing remains certain, an animal attack can cause severe damage to an individual and their enjoyment of life.

An animal attack or dog bite can be physically and emotionally devastating to any victim. After an injury, you want to insure that you make all of the necessary claims and identify the dog, the owner, and the insurance companies involved to move forward with your claim. Dog bite law, and laws dealing with animal attacks, in New York are complicated, and the details of the case (including the breed of the dog) often determine liability. Should you or a loved one experience personal injuries as a consequence of an animal attack, contact the experienced and knowledgeable attorneys at Elovich & Adell to ensure you receive the just compensation and assistance you deserve.

Wrongful Death

Dealing with a death of a loved one is life changing and for some, never ending. And when that death is a result of the actions of another individual, it can be exceptionally more painful. When someone dies through the negligent act of another, a wrongful death claim can result. Proving that a person's death was the result of a negligent act can be difficult. Claims may come from various types of situations, including vehicle accidents, work-related accidents, medical malpractice, criminal actions, and others. Additionally, damages for such a loss may vary in accordance with multiple factors such as financial losses, expenses, maliciousness, and pain and suffering. A qualified and knowledgeable attorney will explain these complex laws in a way you can easily understand during your time of need. The attorneys at Elovich & Adell understand what it takes to ensure you receive the assistance and compensation you deserve.