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What Is The Most Common Type Of Personal Injury Case?

Car accidents are probably very high on the list, because any personal injury practice would probably see a lot of car accidents.

How Much Weight Do Pictures Actually Have On A Case?

A picture is worth a thousand words, so jurors and judges tend to understand pictures better than they do descriptions of people speaking. It definitely gives people context nowadays, especially with video and being able to get video surveillance or people capturing things on their iPhones, all of which makes a tremendous difference.

When Do Most Auto Injuries Occur?

These injuries occur at all hours. There really is no particular time of day, although there might be an increase of auto accidents during rush hours just because there are more people on the roads. Other than that, they really can happen at any time of day or night.

Do Maritime Cases Involve Privately Owned Boats Or Vessels?

We have done a lot of different injury and damage cases in the maritime context. Generally, ships refer to commercial vessels, blue-water vessels, or brown-water vessels that are involved in maritime service. They could be tugboats, cargo ships, or fishing vessels, so basically anybody who worked on any ocean going vessel in “Navigable waters” would be classified as a seaman under the Jones Act.

Under the Jones Act, they would be entitled to a reasonably safe workplace and they would also be entitled to maintenance and cure if they got hurt. They would be entitled to sue the owner and/or the employer and the vessel owner, under the general maritime doctrine of seaworthiness, if there was a dangerous condition of board or ship.

We have also done a number of cases where people were injured on private ships, for example, a charter boat fishing case where people went out on a boat for a day but there were dangerous conditions on the vessel and they got hurt because of any number of issues such as not having a proper nonskid deck application.

We have handled marina cases where people got hurt when going to their own boats at the docks or marinas because of unsafe conditions. We have handled every commercial damage case or property damage case where a sailboat or other vessel was damaged because it was improperly launched. It really runs the gamut because we have done almost every kind of case regarding maritime personal injury.

Do You Handle Medical Negligence Cases?

Yes, we have handled a number of medical malpractice cases, although we do not touch the nursing home cases involving general negligence. We would typically handle a case where a doctor had failed to act in accordance with good and accepted medical practices.

We have been successful with some of the urology cases, where there was a needle that missed the vein and went into someone’s arm. We have also done cases dealing with the nose, a number of orthopedic cases where the doctor either missed a fracture or they should have performed surgery but did not perform surgery. We have also handled cases where there was a failure to diagnose conditions involving cancer, because of a failure to render appropriate treatment and follow up.

Do You Do Product Liability Cases?

Yes, we have done a number of product liability cases.

Do You Handle Cases Involving Dog Bites Or Animal Bites?

We generally do not handle dog bites because they are very difficult to prove in the state of New York. We would accept a good dog bite case if it came in with solid liability, although generally the rule in New York for a dog bite case is that it would have to be proven that the owner had knowledge of the dog’s dangerous propensities and did not take adequate measures, which is somewhat hard to prove especially if it was the first bite case because the owners would almost always say that the dog had never bitten anyone else.

These cases are somewhat hard to prove unless there had been warnings involved and complaints that the dog was behaving aggressively, so we would not take the case unless there was proof or they had evidence that this particular dog had bitten someone else in the past or is aggressive towards other animals, although we do probably get one case a year regarding this.

For more information on Personal Injury Cases, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (914) 574-8330 today.

 
The Law Offices of Michael H. Joseph