Experienced New York Injury Attorneys

Nursing homes must comply with the standards established by federal and state laws when caring for residents. They are obligated to make sure that the essential needs of their residents are met. Among other things, they must provide sufficient nutrition, grooming, and medical care to their residents. Unfortunately, not all nursing homes abide by the standards imposed by law, which can result in harm such as falls, malnutrition, cognitive decline, and infections. If your loved one suffered harm due to nursing home abuse or neglect, our White Plains injury attorneys can help you seek damages from the nursing home and the care providers whom the nursing home employed. In some cases, we may need to retain a medical expert to prove that the resident’s injuries resulted from negligence or abuse, rather than a pre-existing condition.

People in nursing homes are often bed-ridden. Therefore, it is critical that they are adjusted regularly by nursing home staff to maintain their health, including the integrity of their skin. When nursing home staff members fail to reposition patients as required, it can lead to decubitus ulcers, which are commonly known as bedsores. Bedsores are painful and can lead to serious infections. In most cases, they result from nursing home neglect. If you or someone in your family suffered bedsores in a nursing home, you may be able to pursue compensation from the nursing home. The damages that you may be awarded if your claim is successful include the cost of any medical treatment and compensation for the pain and suffering endured because of the bedsores.

Generally, when a person suffers an injury, it occurs in an accident caused by another party’s negligent actions or failure to act. Thus, most lawsuits seeking damages for injuries set forth a negligence claim against the defendant. A plaintiff and their White Plains injury lawyer must prove each element of negligence to recover damages. This means that they must establish a duty owed by the defendant, a breach of the duty, and quantifiable damages that were caused by the breach. If the injured person is deemed partially at fault, they are not barred from receiving damages, although the amount will be reduced in proportion to their fault.

Car accidents are common but should not be taken lightly, since many collisions cause significant harm. Negligent driving is the primary cause of car accidents, but unsafe roads, defective vehicles, or a combination of factors can cause accidents as well. Regardless of who was responsible for creating the conditions that caused an accident, anyone injured in the accident can seek damages in a lawsuit. If the injured person proves liability, he or she may be awarded economic damages, such as the cost of any past, present, or future medical treatment needed for the injuries sustained in the accident, out-of-pocket expenses, property damage, and wages lost due to the accident.

People who seek medical treatment generally expect that the care that they receive will be adequate and competent, but medical professionals sometimes make serious mistakes that cause devastating harm. If you were injured by incompetent medical care, you may be able to seek damages via a medical malpractice lawsuit with the assistance of an injury attorney in the White Plains area. Generally, to prove that your provider should be held liable for your harm, you must show that he or she had a duty to provide care commensurate with the applicable standard of care, which is what a competent professional in the same practice area would provide in the same situation, but he or she breached the duty. You must then show that the breach was the proximate cause of your harm. In most cases, you will need to retain one or more experts to establish liability and damages.

There are few things as exciting as the birth of a child, but when a birth does not go as planned, and a child is unexpectedly injured, it can be emotionally and financially devastating. Birth injuries are frequently caused by a doctor’s failure to diagnose the mother or the child with a certain condition prior to birth, a failure to induce labor, or a failure to perform a cesarean delivery in a timely manner. Common birth injuries include Erb’s palsy, cerebral palsy, fractures, and spinal cord injuries. If a child suffers a birth injury, both the child and the child’s parents likely can pursue damages. The injury lawyers at our White Plains firm may be able to help you recover compensation for any medical treatment or care that your child will need in the future and the pain, suffering, and emotional anguish caused by the injury.

Some careless acts cause injuries that are so severe that they cannot be overcome, and a victim may suffer an untimely death as a result. If you lost a loved one due to another person’s negligent or wrongful acts, you may be able to recover damages under New York’s wrongful death statute. Specifically, the statute provides that the personal representative of a deceased person’s estate can seek compensation on behalf of the person’s beneficiaries for lost earnings, medical expenses, pain and suffering, funeral and burial expenses, and the loss of the deceased person’s support. If you lost a loved one due to another person’s acts or omissions, it is important to act promptly, since any wrongful death claim must be pursued within two years of the date of your loved one’s death.

The trusted personal injury attorneys at the Law Offices of Thomas L. Gallivan, PLLC, have the knowledge and skills needed to help you protect your rights. Our focused and aggressive legal approach has helped us obtain successful verdicts and settlements for more than 40 years. We are ready to help you. You can contact us by calling (855) 228-7379 or using our online form to set up a meeting with an injury attorney in the White Plains area.