What Is Negligence?
Negligence is a simple legal theory, and it’s the foundation for most personal injury lawsuits. At its base, the idea behind negligence is that we are all members of a shared society. In this community, we owe each other certain duties. Paramount among our responsibilities is to control our actions as much as possible so we don’t hurt others. When someone else fails to behave in a proper way, and other people are injured, we say that they have been “careless.” Personal injury lawyers say they have been “negligent.” Victims of negligence are entitled to pursue those by whom they have been harmed in court. In a personal injury lawsuit, victims become “plaintiffs,” and are allowed to claim damages including:
- All medical expenses, including the cost of future care
- Lost income
- Loss of the ability to earn income in the future
- Property damage
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Without performing a thorough review of your situation, there’s no way for us to tell you how much your case may be worth. Every case is different, and numerous factors will come into play to determine the amount to which you are entitled. For further information on your unique circumstances, contact our personal injury attorneys for a free consultation today.
What Kinds Of Injury Cases Does Banville Law Handle?
Our practice focuses on claims of negligence involving:
According to the Department of Motor Vehicles, 169,177 people were injured in New York car accidents in 2013 alone. Pedestrians, drivers, passengers and cyclists – we’re all at risk. More troubling? Out of over 300,000 total crashes, 66% were caused in part by human error. If you were hurt in an auto crash, it’s quite possible that another driver’s carelessness led to your injuries. Our attorneys are here to help. For more information on auto accident personal injury lawsuits, click here.
Other motor vehicle accidents:
Injuries At Work
Every morning, millions of Americans go to work in New York, and every day some of these men and women are injured. In 2013, 208,200 New Yorkers suffered nonfatal occupational injuries. And while workers compensation insurance is the first line of defense after a work injury, more than 50% of workers comp claims are denied. The personal injury attorneys at Banville Law offer a solution. If you were hurt on the job, you may be eligible to pursue a personal injury lawsuit. And unlike insurance, the damages you can claim in a civil suit won’t be limited by arbitrary caps. To find out if you may be able to file a workplace injury lawsuit, click here.
Other work accidents:
Medical Malpractice Injuries
We routinely put our lives in the hands of physicians and nurses, hoping that these trained professionals will do everything in their power to keep us healthy. But when doctors and health care workers fail to live up to their rigorous code of conduct, patients can be severely injured. The category of “medical malpractice” covers a wide range of negligent actions, including:
If you were hurt by a care provider who failed to live up to your expectations, you may have been the victim of medical malpractice. To learn about other types of health care negligence, visit this page.
Slip, Trip & Fall
Unintentional falls are America’s leading cause of injury. And while many of us assume that slip and falls are “blameless” accidents, that’s rarely the case. If you fell and were injured, your case may come under the category of civil law known as “premises liability.” Property owners have a duty to repair foreseeable hazards before someone gets hurt. At the least, they must warn visitors of these dangers in advance. To learn which three elements make up every viable slip, trip and fall personal injury case, click here.
Defective Product, Device and Drug Injuries
Americans buy more consumer products than any other nation in the world. In exchange for our business, manufacturers implicitly agree to provide us with goods and services free of avoidable defects. Despite the fact that this duty is enshrined in US civil law, defective products cost Americans more than $1 trillion in health care and other associated costs every year. Once a product’s defects become apparent, its manufacturer will usually issue a recall. But even consumers injured due to recalled products may still be able to file a product liability claim. To find more information on dangerous products and filing a lawsuit, click here.
Defective product, device and drug cases include:
Where Is The Firm Located?
While our primary offices are based in Manhattan, cases regularly take us throughout the state. No matter where you live in New York, our personal injury lawyers are willing to help. As devoted members of the New York community, our attorneys are always looking for new ways to put the state we call home in perspective. With that in mind, we made a series of infographics to illustrate the qualities that make each borough unique. Click on a link below to learn more about where you live:
Contact Our New York Personal Injury Lawyers
If you were injured, you’ll need experienced legal guidance to secure maximum compensation. Filing a personal injury lawsuit is the best chance to pursue a full range of damages, money to cover every aspect in which your life has been changed. Contact the personal injury attorneys at Banville Law today for a free consultation. We’ll review your situation at no charge, and help you take steps to a successful future. Because we believe that our success should only come with that of our clients, our lawyers always work on a contingency-fee basis. That means you owe us nothing until we win compensation in your case.
Latest Personal Injury Updates
By Laurence Banville
Banville Law brings you the latest personal injury updates and the circumstances surrounding these cases.
March 21, 2017 – Personal Injury Claims Filed Due To Contaminated Drinking Water
Hundreds of current and former residents of Montgomery and Bucks counties in Pennsylvania have filed personal injury suits which have been added to a mass tort against six firefighting foam manufacturers. Firms in both Pennsylvania and New York are handling the large number of cases which allege that local drinking water has been contaminated with PFOS and PFOA, unregulated chemicals which are ingredients in the foams. Plaintiffs are seeking monetary compensation for injuries suffered allegedly caused by drinking the contaminated water. There are also several class action suits filed which make similar allegations.
February 24, 2017 – Lawsuit Filed Against Company Taking Advantage Of 9/11 Heroes
A lawsuit has been filed against a NJ-based company, RD Legal Funding, who allegedly targeted first responders of the 9/11 terror attacks to scam them out of settlement money. The company would allegedly offer advanced payments on the compensation being given to the first responders, who often suffered from cancer, respiratory ailments, and other illnesses as a result of working at Ground Zero. Yet, rather than helping these heroes, the lawsuit states the contracts were confusing and required repayments larger than the amount received, in some cases rates of repayment equaled up to 250 percent which is in violation of New York law.
January 19, 2017 – Personal Injury Lawsuits May Be Filed After LIRR Train Crash
103 passengers were injured on Thursday, January 4th when a Long Island Rail Road commuter train crashed at the Atlantic Terminal in Brooklyn New York. The train was going higher than 10 mph when it hit the buffer while the speed limit for trains nearing the platforms is 5 mph. The engineer has stated that he remembers nothing of the crash and the National Transportation Safety Board is awaiting drug and alcohol test results. Several passengers have indicated they will be taking legal action, and one investigator spoke of plans to file a $5 million lawsuit against the commuter line.
December 22, 2016 – Brooklyn Hit And Run Results In Death Of Radio DJ
Police have released video surveillance footage of a deadly hit and run accident which occurred Monday, December 19 just after 4 am at the intersection of Sheffield and Jamaica avenues in Brooklyn. The victim, who was identified as a New York radio station DJ, sustained severe body trauma and was pronounced dead at Brookdale Hospital. The car pictured in the video and involved in the accident is being described as a black Nissan Maxima by police. An investigation is ongoing and police urge anyone with information to contact authorities.
November 16, 2016 – 3rd Talcum Powder Cancer Lawsuit Lost By Johnson & Johnson
A St. Louis jury recently awarded damages to a California woman who claimed use of Johnson & Johnson’s talcum powder for an extended length of time for feminine hygiene purposes caused her ovarian cancer. The woman was awarded over $70 million which is now the third loss for J&J regarding their talc products. The company is currently facing about 1,700 lawsuits which allege they failed to warn consumers of the risks involved with using their products despite their knowledge of the health risks the products posed. The defeats in court have been costly for the company, with verdicts amounting in the millions for each case, and the company spokesperson has indicated that J&J plans to appeal the verdicts standing by their denial that any link exists between talc use and ovarian cancer.
October 14, 2016 – Personal Injury Lawsuits To Be Filed After New Jersey Train Crash
Last month’s devastating NJ Transit train crash resulted in one fatality and the injury of 100 others. The train sped up for unknown reasons on September 29th before it collided into the station causing massive damage. Investigators are looking into what caused the accident but meanwhile local attorneys have indicated that they have already been contacted by several victims to file personal injury lawsuits seeking compensation for their injuries.
September 9, 2016 – Kayakers Injured In Collision With Ferry On The Hudson
According to New York authorities, 11 kayakers were injured on Tuesday, August 30 when a ferry on the Hudson River hit them. The accident occurred near Pier 79 just before 6 pm. The most serious injury was sustained by an employee of the Manhattan Kayak Company whose arm was partially severed. He is listed at the hospital in stable condition. The other injured people sustained only minor injuries. A spokesperson for the ferry’s operator, NY Waterway, stated that it is cooperating with the Coast Guard and New York Police Department on the investigation.
August 16, 2016 – Tour Bus Accident Injures 13 People
A double-decker tour bus crashed into a tree recently after it ran off the road and over the sidewalk on the edge of Central Park on the Upper East side. Thirteen people were injured including a 70-year-old man and a 71-year-old woman who both sustained head injuries. The injured passengers were all transported to local hospitals and are all expected to survive. The GO New York bus driver stated that he was trying to avoid a taxi that had cut him off. The bus company stated that they were “saddened” by the injuries and that “safety has always been and continues to be our top priority.”
March 23, 2016- Godfrey Quiktrip Sued For Slip And Fall Accident
A man from Madison County alleges that he suffered injuries after he slipped and fell on a puddle of oil at a Godfrey Quiktrip. The man filed his lawsuit on March 11th in Madison County Circuit against Quiktrip Corporation, stating negligence. He alleges that he slipped on an oil spot that led to severe injuries and pain as well as lost wages and medical bills among other things.
February 4, 2016- Johnson & Johnson First Settlement For Vaginal Mesh Injury
Johnson & Johnson has recently started to settle numerous personal injury and product liability lawsuits that were filed by women who allege that the company’s vaginal-mesh inserts caused them serious injuries. Johnson & Johnson has agreed to pay over $120 million to settle an initial round of approximately 3,000 lawsuits. The filed lawsuits state that the women suffered severe organ damage due to erosion of the company’s popular line of vaginal mesh surgical inserts.
January 21, 2016- Woman Suing Ingalls Memorial For Medical Malpractice
A Chicago Cook County woman is suing Ingalls Memorial Hospital and an anesthetist because of injuries she allegedly suffered during childbirth. The complainant alleges that the injection of anesthesia into her spinal cord during an epidural analgesia, led to her suffering severe permanent injuries. Her injuries included a subdural hematoma and a collection of blood in the skull outside the brain that led to neurological damage.
December 24, 2015- MTA Bus Hits And Kills Pedestrian In Brooklyn, New York
A 62-year-old woman was hit and killed by a MTA bus in Brooklyn as she was crossing the street. The bus was attempting to make a left turn when it slammed into the woman who was crossing at the same time on a crosswalk. She was rushed to Coney Island Hospital in traumatic arrest. The driver stayed on the scene and was not charged as the police investigate the case. For more details check out our weekly accident report.
December 8, 2015- New York Teen Killed In A Hit-And-Run Accident
A 17-year-old teenager was killed in a hit-and-run accident in Queens. According to police reports, a black Toyota Camry hit the teenager while he was trying to cross the street. Unfortunately, in this case the driver of the Camry did not stay on the scene. For more information about this hit-and-run accident story visit our weekly New York accident round up. In the case that the driver is eventually found, the charges against him are likely going to be high considering he fled the scene and the victim died.
December 4, 2015 – Pedestrian Accident Reported In Springfield Boulevard, New York
Two pedestrians walking on the sidewalk in Springfield Boulevard were struck by a motor vehicle and suffered serious broken leg injuries. The car continued over the sidewalk to crash into a fast food restaurant. The driver of the vehicle fled the scene on foot. For more details on the story, check out our weekly New York accident round up. If the driver of the car did not have insurance or cannot be found, the victims of this accident will likely be able to recover under their own motor insurance policies. We can only speculate as to what caused this accident, however given the driver fled the scene, it is likely that the driver was distracted, which caused him/her to veer off the road and hit these unfortunate pedestrians.