A personal injury defense attorney In New York at Rosenbaum & Taylor represents defendants in wrongful death and personal injury cases. Our business law firm has a very well-earned reputation for being able to handle these types of cases that range from easy to complex with a great deal of skill and preparation.
Our lawyers have been able to resolve thousands of cases successfully that involve poisonous fuels and gases, chemicals, silica, asbestos, and more, in addition to construction defects, intentional tort liability, products liability, premises liability, and also trucking and automobile liability, along with many other types of cases.
Wrongful death and personal injury claims frequently have the potential to cause great financial loss and many arcane legal issues can be involved in these cases. From the very start of a case, our lawyers work hard to achieve a positive resolution and use all means available in the process. When it is not possible to reach a settlement, we will translate complex issues into basic terms that a jury can easily understand.
What Are Common Personal Injury Claims That Lawyers Defend?
Our personal injury defense attorneys represent defendants in cases including:
Automobile Accidents
Since the inception of our law firm, we have been representing and continue representing many of the major automobile carriers. Also, we represent self-insured clients who operate large motor vehicle fleets. Our firm is thoroughly familiar with all of the aspects that are involved in first-party automobile claims, which include No-Fault, UMI, and SUM. We have represented various municipalities in cases that arise from town- and village-owned vehicles.
We are also experienced with issues that arise from coverage disputes related to both commercial and personal policies, which include lack of cooperation and late notice. We also understand the complicated nuances that are involved in AIP claims, which include violations of rule 14.
Products Liability Law
Our law firm has been successful with defending lawsuits that arise out of the alleged defective design or manufacture of a wide range of products, from automobiles, conveyer belts, boilers, and ladders, to consumer products like cosmetics, space heaters, and handheld tools. We are well aware of the various legal issues that are faced by distributors, resellers, and manufacturers. Our law firm has extensive experience with litigating the liability that successor corporations often face.
Homeowners’ Claims
In New York, the standard homeowner’s insurance policy provides coverage for various personal injury claims. Our firm has been successful in defending claims that arise out of alleges violations of the Labor Law, dog bites, and slip-and-fall accidents. We are familiar with current developments, which include the frequently litigated claims for “negligent assault” or “unintentional injury.”
Commercial Premises Liability
Landlords are increasingly being named in a wide range of claims, whether a property is used for residential or commercial purposes. These claims involve issues such as an alleged failure for providing adequate security and slip-and-fall accidents. Depending on the county where an accident took place, there are various statutes that might impact the duty of care that is owed. Our firm has gained extensive experience from representing numerous small businesses, supermarket chains, and municipalities to provide us with expertise in defending all types of premises liability claims.
Environmental and Toxic Tort Claims
We at Rosenbaum & Taylor have defended municipalities, corporations, and other types of political subdivisions in many toxic tort personal injury claims. Our firm also has extensive experience in defending state court claims or contribution or indemnification that have been instituted by either private entities or New York State’s Department of Environmental Conservation for alleged wrongful discharge or environmental contamination pursuant to New York’s common-law theories or Navigation Laws.
Insurance Coverage
There are many issues that relate to insurance coverage that may arise once an accident has taken place. Your insured might be entitled to coverage from a co-defendant’s insurance carrier or indemnification from a co-defendant. For example, a commercial automobile insurance policy, might not have coverage under the loading and unloading clause, depending on the individual case fact. A large portion of our law practice is comprised of interpreting insurance policies and resolving various issues that relate to coverage.
Medical Malpractice
Healthcare professionals perform their jobs on a daily basis with the awareness that the procedures that they conduct might not always go as planned. When this risk turns into a reality, victims, as well as their families, frequently look to blame someone. In order for a plaintiff to prevail in a medical malpractice claim, it must be proven that the person sustained an injury that was a direct result of medical treatment they receive and that this treatment failed to meet the minimum standard of care that is required of a prudent and reasonable medical professional.
Our law firm will hold plaintiffs to this burden of proof and will seek to have any frivolous claims dismissed right away. Our law firm has earned a reputation in medical malpractice defense cases for being able to achieve positive results.
Hospital Liability Administrative Law
Our lawyers defend medical professionals and hospitals in administrative hearings in front of government agencies across the New York metropolitan area, which includes New York State’s Department of Health. Also, we advise clients on possible patient problems that may threaten institutions’ financial stability, including right-to-die issues, hearings on patients’refusal of treatment, and mental hygiene law hearings.
We also represent clients in termination of privileges proceedings, criminal defense matters, as well as crimination and civil rights claims. Our firm also helps hospitals create policies and draft documents to help ensure that these institutions comply with federal and state healthcare standards. we also review and draft medical staff bylaws defining licensing procedures and staff standards.
How Complex Are Personal Injury Defense Cases?
Whenever a personal injury lawsuit gets filed, plaintiffs are required to prove that a duty of care was owed by the defendant to the injured person and that it was not fulfilled. Many individuals mistakenly assume that if an accident took place on another person’s property that it is automatically the property owner’s fault. However, that is not always true. There are only certain situations where a duty of care is applicable. Even if there is a duty of care that exists, the defendant might not be responsible if the plaintiff caused the accident.
There are numerous personal injury cases where complex technical, scientific, and medical concepts are involved. It required knowledgeable and dedicated lawyers who have the ability to go head to head with the expert witnesses of the plaintiff to ensure that jurors really understand how the events actually unfolded. Those cases might include overstated or invalid claims that can inflate medical prognosis as well as treatment and over-state damages.
What are Defenses for Personal Injury Lawsuits?
Quite often personal injury lawsuits are valid and hard to defend whenever the plaintiff’s attorney is able to establish the case by offering supporting evidence and is able to identify the correct defendants who might have been negligent in providing the injured plaintiff with a reasonable duty of care. This part of a personal injury lawsuit is frequently achieved fairly easily after a car accident where police have conducted an investigation and all parties involved are listed. Also, lawsuits are normally filed after extensive negotiation in a formal filing regarding the specific injuries that are items for damage recovery.
These negotiations involve each party’s legal positions on the degree of responsibility and level of negligence of each respondent. The dynamic is different in slip and fall accident personal injury cases. However, automobile accidents often involve multiple parties who have contributed to the accident in some way and who are trying to recover damages. That can often result in quite complex cases with defendants and their insurers trying to reduce their degree of fault as well as deflect responsibility onto the other parties who are involved. That is another reason why it is essential to have your legal case defended by an experienced and skilled personal injury attorney.
A Duty Of Care Was Not Owed To The Plaintiff By The Respondent
All lawsuits include the plaintiff’s actual legal claims and the original filing often fails to meet the standard of a reasonable duty of care being established by connecting the respondent with the accident that has caused the injury. It is a defense that is more commonly used in personal injury premise liability claims since automobile accidents often have better documentation support like ambulance records and police reports. Some premises liability cases that are filed against business operators might be misdirected whenever the property owner is who is actually liable. The defense will depend on the lawsuit claim’s specifics.
The Plaintiff Is Responsible For Their Injuries
This specific defense falls under the comparative negligence category, which is used in some manner by each state. Pure comparative negligence is used by some states that allow an injured party from an accident to receive some financial compensation amount unless they are completely at fault for their injuries such as being convicted of drunk driving or an intentional act.
Modified comparative negligence law is used by most states where plaintiffs are barred from receiving any financial recovery if the person’s percentage of comparative negligence is higher than the respondent’s. Usually, the bar level is either 51% or 50% for a claim to be denied. In states with pure negligence, any contribution to causing the injury can be an effective defense strategy to use.
The focus in premises liability cases is on an individual’s reasonable assumption of risk that is based on the plaintiff’s actions. An example of this specific defense is trespassers who become injured usually lose their claims because they had no authority for occupying the property. That means technicalities can really matter, depending on which state it occurred in, and the specifics of the claims are possible reasons for a case to be dismissed or reduced financial liability at least.
The Lawsuit Was Filed Too Late
There are numerous personal injury claims that result from an injury that didn’t appear to be as serious when it initially took place, but manifested later as serious and necessitated ongoing medical treatment and a pain-and-suffering compensation situation is created. There is a statute of limitations in all states that are assessed on every personal injury lawsuit.
It may be an effective defense in those cases that are file after the limitation time period has ended, even when an injury was recognized much earlier. Why a plaintiff waited until the limitation time period had ended can also be an issue and can indicate the injured wasn’t as serious as it was claimed. That can cause a dismissal based on the claim being considered frivolous.
The goal of insurance companies is to earn a profit, like all other businesses. They are always willing to fully investigate a claim. It is very important to be aware that your insurer might not be your best friend whenever they are defending against your personal injury lawsuit. In a majority of cases, they provide their clients with legal counsel since it is in the best interest of the company and client to look into all defense avenues.
Contact A Personal Injury Defense Attorney In New York With Rosenbaum & Taylor
Injury claim defense attorneys and insurance claims adjusters handle personal injury claims on a regular basis and fully understand all of the various aspects that go into a negotiation including taking cases to a jury trial to hopefully get an acquittal from a jury that believes the claims made by the plaintiff are excessive and frequently erroneous.
Even personal injury claims that are valid may result in an outcome that is much better when all details involved in the case’s facts are addressed in court. The best way to make sure that you get the best result possible when you are the defendant in a personal injury case is to hire an experienced personal injury attorney at Rosenbaum & Taylor in New York City.
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