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Negligence Personal Injury Lawyer New York, NY

Negligence Personal Injury Lawyer New York, NY

Negligence Personal Injury Lawyer New York, NY

When a victim is injured in an accident caused by the negligence or recklessness of another party, New York law allows that victim to pursue a personal injury lawsuit against that at-fault party. The lawsuit enables the victim to obtain financial compensation for the losses their injuries have caused them. Some of these losses include medical expenses, loss of income and work benefits, pain and suffering, emotional anguish, and more. If you have been injured in an accident, a negligence personal injury lawyer New York, NY clients trust can help you get the compensation you deserve.

What Is Negligence?

In order to be successful in a personal injury lawsuit, the victim – through their attorney – must show that the other party was negligent and that negligence caused the accident that resulted in the injuries. Every lawsuit must have each of these four elements in order to be successful:

  • Duty of care: The alleged at-fault party owed the victim a duty of care. This means that they had a legal obligation to behave in a certain way towards the victim. For example, a driver of a vehicle has a duty of care to follow all traffic laws and operate their vehicle in a safe manner. Another example is a doctor who has a duty of care to their patient to provide appropriate medical care.
  • Breach of duty: The alleged at-fault party breached that duty of care.
  • Causation: The alleged at-fault party’s breach of duty caused the victim’s injuries. A negligence personal injury lawyer in New York, NY can argue two different types of causation, in-fact and proximate. In-fact causation means if not for the at-fault’s party actions, the victim’s injuries would not have occurred. Proximate cause means that the incident is related to the victim’s injuries in such a way that the court deems it to be the cause of the injury.
  • Damages: The victim suffered some type of injury or loss. If the at-fault party breached their duty of care but the victim suffered no harm, then there are no losses to compensate the victim for. For example, if a doctor gave a patient the wrong medication, but the patient realized the mistake and did not take the medication, there is no harm to compensate the patient for even though the doctor was negligent. But if the patient took the medication and become very ill and had to be hospitalized because of the doctor’s error, then the patient could pursue damages.

Call Our Office Today

If you have been injured in an accident caused by someone else’s negligence, call Oddo & Babat, P.C. to schedule a free and confidential consultation with a New York, NY negligence personal injury lawyer to find out what your legal options may be. Call our office today to find out how our firm can help.

Birth Injury Lawsuits

 In New York, there are clear laws that protect the victims of negligence, which includes a birth injury. If your child has been injured at the hands of a medical practitioner, please call a negligence personal injury lawyer New York, New York has to offer. At Oddo and Babat, P.C., we have the necessary experience, knowledge, and resources to handle birth injury cases, and those involving negligence. To explore your legal options, give our firm a call now. 

Birth Injury or Birth Defect?

One of the first concerns a parent might have is whether their child’s injury was the result of medical negligence or a birth defect that was unavoidable. This is a common concern and is often attributed to doctor’s claims that insist what happened was natural or could not have been prevented. If you believe something isn’t right, or you strongly feel that whatever happened should not happen, listen to your instinct and call a negligence personal injury lawyer in New York, New York. 

When a child has been diagnosed with a medical ailment soon after their birth, it is often unknown whether the condition is a defect that developed while the child was in the womb or a result of a birth injury. There are a number of factors that can cause the same condition; however, in some cases, it might be a defect and in others, it may be due to negligence. This is why it is important to have a New York, New York negligence personal injury lawyer. 

Birth Injuries

Birth injuries can occur during the labor and delivery process, while in neonatal care, or in postnatal care. Some birth injuries can be prevented, these include:

  • Brain damage
  • Nerve damage
  • Broken bones or fractures
  • Erb’s Palsy
  • Cerebral Palsy
  • Oxygen deprivation
  • Seizures
  • Fetal lacerations
  • Death

As a negligence personal injury lawyer in New York, New York, our firm takes birth injuries very seriously. If any medical professional harmed your child during birth, let us review your case and explain to you what your legal options may be. 

Birth Defects

In general, a birth defect is something that develops in the womb of the mother. Some are hereditary and others are caused by the environment of the womb, medications, alcohol, drugs, and more. Birth defects can affect the child’s body in many ways; however, most are related to the central nervous system. Although birth injuries are more common in malpractice cases, it is possible for a birth defect to be the result of negligence. These cases are generally more complex and often require a very experienced negligence personal injury lawyer New York, New York residents trust such as Oddo and Babat, P.C.  An example of this case may be when a drug manufacturer failed to warn of a potential birth defect that could develop in the womb of a pregnant woman who was taking the medication. If a lawyer can prove the drug caused the defect, compensation may be available. 

How Do I Know if I Have Grounds to File a Birth Injury Claim?

The aftermath of a traumatic birth experience can be truly disorienting. When the unexpected occurs during the birth process, emotions and tensions tend to run so high that it can take hours, days, weeks, and even months to mentally sort through what just occurred. As a result, it may take parents a significant amount of time to realize that their child may have been harmed while being born and/or during the immediate aftermath of his or her entrance into the world. It may take even longer to realize that this harm could have been prevented.

If you have questions about whether you may have grounds to file a birth injury claim, please do not hesitate to speak up. If your child was born hours, days, weeks, or even months ago, you have absolutely no reason to be shy about speaking up right now. And if a significant amount of time has passed since your child was born, you have nothing to be embarrassed about in exploring your legal options now. Birth injury cases are not always straightforward, are unusually emotional, and may involve delayed symptoms. If you are unsure of whether your child may have been harmed due to another’s negligence or recklessness, and even if your child is technically no longer a “newborn,” you have a right to explore your legal options. An experienced New York, New York negligence personal injury lawyer can help you to do just that.

Birth Injury Claims: The Basics

It is true that everyone, even highly-trained and ultra-conscientious professionals sometimes make mistakes. For numerous reasons, not every mistake is legally actionable. The law generally insists that if a healthcare professional owes a duty of care to a patient and makes a mistake while maintaining that legally established duty of care, he or she is not generally liable for mistakes that are neither negligent nor reckless in nature. However, when a healthcare provider does behave in a negligent or reckless manner and harm results, that provider may generally be held accountable under the law. If you have questions about this distinction, a New York, NY negligence personal injury lawyer can certainly clarify.

It is important to note that “negligence” and “recklessness” are legal standards. As a result, it can be difficult for individuals who are neither personal injury attorneys nor healthcare providers to know when any given action does or does not meet these thresholds. As a result, it is important for parents not to make assumptions about whether a healthcare provider’s behavior is or is not actionable. Speaking with an experienced New York, NY negligence personal injury lawyer may be the only way to know for sure whether or not you have grounds to file a birth injury lawsuit against your provider.

Legal Guidance Is Available

If your child may have been injured during the birth process or in the immediate aftermath of being born, please consider connecting with a New York, NY negligence personal injury lawyer today. The experienced legal team at Oddo & Babat would be more than happy to help answer any questions you may have as we guide you through any legal options that may currently be available to you and your family. And should you ultimately decide to pursue legal action, our experienced lawyers will be able to provide you with guidance and support as we advocate on behalf of your child and your family via the personal injury claims process. Even if you are unsure of what caused your child harm, you certainly have the right to have your questions answered and to receive clarity regarding his or her situation. We look forward to helping you achieve these aims.

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