Who are the negligent parties in a Floral Park personal injury case?
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A negligent party is one who breached a duty they owed to you to exercise due care for your safety. “Due care” means exercising the level of judgment and attention that is expected of an ordinary, reasonably prudent person. This is an objective standard, meaning if your personal injury case went to a jury, they would judge the defendant’s actions against the standard of the average reasonable person.
Negligence, and negligent parties, come in all shapes and sizes. Here are a few examples of negligence and negligent parties in Floral Park personal injury cases:
Negligent Drivers – Examples of negligent driving include speeding, drinking and driving, fatigue or drowsy driving, and distracted driving such as texting while driving. Failing to use a turn signal, driving with a brake light out, failing to stop at a stop sign or running a red light are more negligent behaviors that could case a personal injury car accident. Some of these behaviors may seem quite common, yet most Floral Park residents would agree these behaviors are unreasonable and violate the duty of care owed to other drivers, even if they sometimes practice these negligent behaviors themselves.
Negligent Property Owners – Property owners have a duty to maintain their premises in a reasonably safe condition for the safety of customers, guests, delivery persons and others lawfully on their property. The duty of care may require property owners to make periodic inspections of the premises and promptly fix any dangers or put up a warning if the danger is not obvious. Negligent Floral Park property owners can be liable for a slip and fall personal injury, a dog bite injury from an animal in their care, a robbery or sexual assault on their property due to negligent or inadequate security, accidents on malfunctioning elevators and escalators, swimming pool drowning accidents, and more.
Negligent Doctors and Hospitals – Doctors, nurses and other health care professionals owe a duty of care to their patients. Instead of being held to the standard of an ordinary, reasonably prudent person, medical professionals are held to the standard of an ordinary, prudent health care professional with the same experience and training in the same community. The standard for medical negligence in Floral Park asks how a similar Floral Park doctor would have acted in similar circumstances. Medical malpractice includes a range of medical mistakes, including misdiagnosis, surgical errors, medication errors, birth injuries and more.
Negligent Contractors, Owners & Developers – New York Labor Law sections 200, 240(1) (the Scaffold Law) and 241 hold contractors, property owners and developers liable for construction accidents such as ladder falls, forklift and crane accidents, scaffold collapse, and trench cave-ins. Depending on the applicable New York labor law, Floral Park contractors may be held liable for general negligence, for violation of a specific Industrial Code workplace safety law, or they may be held absolutely liable for failing to provide safety equipment and a safe working environment. Third parties can also be held liable for their own negligence that causes a workplace or construction accident in Floral Park. Additionally, workers injured on the job can file claims for workers’ compensation benefits through their employer regardless of whether the employer was negligent or who was at fault in causing the accident.
A record of experience and success you can rely on in Floral Park
After a serious injury, you’ll need help getting all the compensation you deserve. If you’re not represented by an experienced personal injury attorney, the insurance company won’t offer you an amount approaching what your claim is actually worth. On the other hand, when the insurance company knows you’re represented by capable lawyers who not only know how much your claim is worth but also have a record of success taking personal injury cases to trial and winning, then they are much more likely to offer and settle for the right amount, rather than risk facing your lawyer in front of a jury in court.
The Long Island law firm of Cohen & Jaffe has a team of personal injury attorneys who together apply more than 100 years of legal experience toward getting you outstanding results in your case. Our lawyers work directly with you to understand your needs and answer all your questions. We’ll help you find a doctor or get your vehicle fixed, and we’ll deal with the insurance adjusters on your behalf so you can focus on getting better and getting your life back in order. What’s more, we have recovered millions of dollars in settlements as well as jury verdicts, so you can trust that we are the firm to negotiate effectively with the insurance company or litigate your case as needed to obtain a top-notch result.
Immediate and Lasting Help from Your Floral Park Personal Injury Attorneys
If you’ve been hurt in a Floral Park car accident or any other personal injury, call the Law Office of Cohen & Jaffe at 866-878-6774 for a no-cost, confidential consultation on your claim. Our Nassau County legal team is eager to help. We’ll come to you if you can’t make it to our office, and we never charge a fee until after we’ve recovered compensation for you. Contact us today.