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New York Personal Injury Litigation

Personal Injury Litigation in New York

Moore Kuehn focuses on all areas of personal injury litigation. Personal injury cases may concern a wide range of facts and claims, such as dangerous products, defective drugs, medical negligence, food contamination, unsafe work conditions, and automobile accidents. When a company or individual fails to follow the law, properly investigate their product, or report problems or side effects, they put the well-being and safety of their customers and the public at risk and violate the law.

Moore Kuehn handles personal injury litigation in all five boroughs and Long Island.  Seven of New York State’s ten most dangerous roads are on Long Island. Among the worst in Suffolk County are Middle Country Road, Sunrise Highway, Route 110 and Wicks Road.  In Nassau County, the worst are Jericho Turnpike, Hempstead Turnpike, Sunrise Highway and Merrick Road.  Suffolk County continues to lead New York State in traffic accidents, with an average of over 31,000 crashes per year, including an average of 150 fatalities each year.

Our firm considers it an honor to defend and protect the rights of New Yorkers who have suffered emotional and physical injuries as a result of the action or inaction of another.

Why Choose Moore Kuehn?

  • Our law firm has helped many New Yorkers with their personal injuries by attending doctor visits, recommending specialists, having no fault benefits denials reversed, negotiating medical bills, and securing settlements for hundreds of thousands of dollars.
  • We are well versed in New York’s esoteric no fault laws, the substantial injury threshold, and other personal injury nuances specific to New York.
  • We are a complex litigation firm with a practice focused on plaintiffs and have experience in cases against property owners, concert venues, automobile insurance companies, and the City of New York.
  • Our attorneys have more than 30 years of experience.

What Is Personal Injury Litigation?

Personal injury disputes arise when a person suffers injury or harm for which someone else is legally responsible. Many personal injury claims are resolved through informal settlement, in which negotiation occurs, followed by a written agreement and payment of an agreed upon amount of money.

When disputes cannot be settled out of court, the injured party (plaintiff) files a civil complaint against the responsible party (defendant), alleging that the defendant acted negligently or wrongfully in the accident or injury that caused the harm. Once a lawsuit is filed, personal injury litigation has begun.

Types of Personal Injury Litigation

Our New York trial lawyers have a successful track record handling a wide range of personal injury litigation matters, including claims involving:

  • Motor vehicle accidents
  • Airplane accidents
  • Boating accidents
  • Commercial trucking accidents
  • Medical malpractice
  • Nursing home abuse and neglect
  • Slip and fall accidents
  • Defamation of character: Libel and slander
  • Assault, battery, and intentional harm
  • Product liability claims
  • Dangerous drugs and medical devices

Elements of a Personal Injury Claim Based on Negligence

Negligence is a determining factor in nearly all personal injury cases. To prevail in personal injury litigation, plaintiffs must prove that the defendant’s negligence or carelessness was the cause of the injury. To establish negligence, you must show that:

  • The defendant owed a legal duty to the plaintiff.
  • The defendant breached that duty.
  • Defendant’s breach of duty was the proximate cause of injury or harm to the plaintiff.
  • The injury caused the plaintiff real damages, such as financial loss, pain and suffering, and mental anguish.

New York Negligence Laws

New York is a comparative negligence state, under New York Civil Practice Law and Rules Section 1411. If you are found to be partially at fault for the accident or incident that caused your injuries, you can still recover damages under state law. However, those damages will be reduced in proportion to the degree of fault you are assigned. For example, if you are awarded $100,000 in damages and are found to be 10% at fault for the accident or injury, your compensation will be reduced to $90,000.

Why You Need a Lawyer

It is a common defense to try to assign fault for an injury to the victim. In personal injury litigation, the attorney for the other side will attempt to assign as must blame for the incident as possible to you. Our experienced personal injury litigation attorneys are zealous advocates for our clients. We will fight aggressively and effectively for the full and fair compensation you deserve.

Get In Touch with Our Firm Today

If you have been injured through someone else’s negligence, it is in your best interests to speak with an experienced personal injury litigation attorney as soon as possible. At Moore Kuehn, we have a history of success fighting for the rights of injured people. Call us today to schedule a free and confidential case evaluation.

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