Following an injury or accident in the state of New York, you’re probably wondering about the specific state statutes that could have an impact in your case. Below is some basic information regarding the statute of limitations that could come into play in the event that you’re planning to take legal action following your injury, whether through filing a lawsuit for personal injury or insurance settlement.
What Exactly is a Statute of Limitations?
Each state has their own time restrictions, which is basically the specific time limit an individual has to file a lawsuit with the civil court of the state after the individual has sustained some type of injury or harm. This is commonly referred to as the statute of limitations, with the deadline for filing being dependent on the particular type of case an individual wishes to file. In the Big Apple, the laws on personal injury cases provide a plaintiff exactly three years from the injury’s date to file a personal injury lawsuit against the liable party or parties for the accident or injury.
You might be wondering why is this statute so crucial. Essentially, if a plaintiff does not file a case with the court prior to the closing of this three-year window, the courts in New York will most likely decline to hear the case, which means that all potential compensation will likewise be lost, says a personal injury attorney in New York. In addition, if a plaintiff files a personal injury lawsuit after the deadline determined by New York personal injury laws has passed, the court will instantly dismiss the case, except when specific conditions enable the extension or tolling of the predetermined deadline.
More Crucial Things to Keep in Mind
In the event that you have been injured as a result of another individual’s wrongful or careless actions, it is best to get professional medical attention as soon as you possibly can. You should also thoroughly document your claims so that you have sufficient evidence to back them up should your case go to court. Remember, you only have a limited amount of time to sue those liable for your injuries so make the most of it.
One of the more intriguing aspects of personal injury lawsuits is the case of wrongful death. You might laugh that people would really file for a wrongful death claim as if there is such a thing as a rightful death, no pun intended. Nonetheless, all states now have their own respective wrongful death statutes and it would be wise to learn more about it.
What is Wrongful Death?
From the term itself wrongful death, it connotes the untimely demise of a person because of the legal negligence of another either in part or in whole. For example, if you brought your family member to the hospital and he died because you believed the doctors did not give life-saving medications in time, then your family member suffered what is called wrongful death.
What is the Legal Framework for Wrongful Death?
According to Perth lawyers, the Common Law that has been the framework of all legal statutes in the US does not allow for negligence cases to be brought if the person who suffered the negligent act is already dead. As Common Law states that negligence cases die with the negligence-inflicted person, it is quite impossible to ask for some form of redress.
But times do change. And as such, the surviving family now can file for a wrongful death claim based on the premise that someone is responsible for the death of a family member, Timpano Legal explains. Additionally, the case is often tied to the principle of negligence.
Requirements for a Wrongful Death Claim
In order for you to be successful in filing a wrongful death claim, you need to prove the following:
- The respondent caused the death of your family member whether in part or in whole;
- The respondent had a legal duty related to the circumstances surrounding the death of your family member, the negligence of which resulted in death to your family member;
- You or the victim’s family are still alive; and
- The death of your family member has caused you great monetary loss.
In What Instances can You File a Wrongful Death Claim?
Typically, wrongful death can arise from a variety of circumstances including medical malpractice, vehicular accidents, workplace-related accidents and criminal behavior. Technically, what the law is saying is that if your family member died because of what you believe is due in whole or in part to the negligence of another person, then you can file for a wrongful death claim.
Absurd as it may sound, but there are plenty of families today who seek financial redress for their loss. If you want to know more about wrongful death claims, you can ask your personal injury lawyer for more information.
The birth of a child symbolizes love, hope, and happiness. It strengthens the union between man and his wife, as their family welcomes a new chapter in their lives. Unfortunately, this joyous moment might bring the opposite emotion due to unforeseen injuries and disabilities during delivery.
The negligence of healthcare providers may expose newborns to various life-threatening hazards. Birth injury lawyers in Atlanta, Georgia and the rest of the U.S. recommend making sure that these providers take responsibility. The following are some complications that might happen.
Hypoxia and Anoxia
Hypoxia refers to insufficient oxygen supply, whereas anorexia is the complete lack of oxygen. These conditions are the common causes of lasting birth injuries during labor and delivery. Oxygen plays an important role in the nutrient synthesis and energy production of all body organs, especially the brain. Therefore, deprivation of oxygen even for a few minutes can result to irreversible organ damage.
Hypoxia and anoxia often occur due to the negligence of the physician and healthcare staff. If the healthcare provider pinches or transects the umbilical cord accidentally, the baby will lose oxygen. The baby is unable to breathe on their own, so the umbilical cord serves as their main source of oxygen.
Medical malpractice is happens when the physician is unable to provide hyperbaric oxygen therapy after five minutes of insufficient oxygen. This technique is important, as it reverses the organ damage caused by oxygen deprivation.
Cephalhematoma and Caput Succendaneum
Cephalhematoma and caput succendaneum are vaginal birth injuries that cause permanent deformation of the baby’s head. This happens due to excessive head trauma wherein the head hit the mother’s pelvic bones, delivery instruments, or obstetric tables. If unskilled medical practitioners handled your delivery, they may not be using proper techniques like the wrong use of extractors that hastens labor and causes irreversible head swelling.
If your newborn suffered from any of these medical malpractices, it is important to know that you have a right to receive reparation for your baby’s irreversible injuries. Seek help from a trusted birth injury lawyer who can assist you in seeking for the necessary compensation.
While shoulder dystocia is rare, it is also a very serious birth injury that occurs when an infant’s shoulder becomes wedged in the pelvic region of the mother while giving birth. Likewise, while most injuries resulting from shoulder dystocia typically heal between six months and a year, there’s always the risk of long-lasting disability, or worse, death.
Birth injury lawyers in Atlanta outline this condition below.
Potential Injuries due to Shoulder Dystocia
When the shoulders of a baby can’t pass through the pelvis of the mother during childbirth, the baby will become stuck in the mother’s birth canal. Consequently, both the mother and baby can sustain injuries due to the stress of forcibly pushing the baby out. These potential injuries can include:
- Damaged collarbone or arm
- Damage to the shoulder, hand, or arm
- Brachial Plexus or Erb’s Palsy
- Permanent Disability
The mother can likewise sustain a bruised or torn vagina, rectum, or cervix, a bruised bladder, or uterine rupture.
Potential Causes of Shoulder Dystocia
Dystocia actually means “difficult or slow labor or childbirth” and while there may be plenty of factors that can contribute to the risk of dystocia, it is commonly a result of the mother’s pelvic region being too small or the baby being too huge, or a combination of these.
However, shoulder dystocia can likewise be caused by prolonged labor due to negligence or medical malpractice. These errors typically happen during vaginal childbirth assisted by use of a vacuum or forceps, but can likewise be caused by the doctor’s failure to determine or properly address the dystocia. In the event that the performance of the doctor and/or other healthcare professionals related to the delivery didn’t hold up to the generally established care level, they can be sued for medical malpractice.
Birth injuries such as shoulder dystocia are extremely traumatic. Once you’re ready and have explored the treatment plan for your baby’s birth injury, you should then begin exploring your legal options. When you have all the facts reviewed by a birth injury expert, you’ll be able to start building a medical malpractice case against those who’ve wronged your budding family and just focus on taking care of your baby.