Frequently Asked New York Personal Injury Questions
In order to determine whether you have a case in New York or anywhere in the United States, we need to learn the facts of what happened. Kramer, Dillof, Livingston & Moore (KDLM) will only take highly meritorious cases. In many instances, and particularly in medical malpractice cases, a complete and full review of the records is required in order to make this determination. KDLM retains a physician to review all medical records and has a host of other experts with whom we consult to help us reach a decision.
Medical malpractice is a departure from accepted medical practice by a physician, surgeon, nurse or hospital, which is a substantial cause of injury to the patient.
Negligence is the failure to use reasonable care, or a failure to use the same degree of care that a reasonably prudent person would use under the same circumstances. Evidence of negligence is the basis for liability in most personal injury and wrongful death cases.
No. A consent form can be an indication that you were informed of certain risks associated with the treatment, but it does not give the doctor or hospital a license to commit malpractice or to otherwise act in a negligent manner.
An expert witness is required in all medical malpractice cases. In general negligence cases, an expert witness might be required, depending on the facts of the case.
While there is a notorious “white wall of silence” in the medical profession, there are physicians who are willing to speak out and testify in court against care that departs from the standards of good and accepted practice.
Unfortunately, the law in New York does not permit a person to recover for the emotional injury they suffer from the death of a loved one. However, there can be recovery for the pain and suffering the deceased endured before his or her death. Unless the legislature changes the law in this State, there may only be recovery in wrongful death actions for losses such as lost income, lost services and the loss of a parent’s care and guidance to a child who lost a mother or father.
Birth injuries as a result of medical negligence during pregnancy, labor, delivery, or immediately after birth can include brain injury or Erb’s Palsy. Brain injury to children during these periods can take many forms, including cerebral palsy, quadriplegia, paraplegia, hemiplegia, seizure disorders, mental retardation or learning disabilities. If you believe your child may have such an injury, contact KDLM for an evaluation.
All of our cases are taken on a contingency fee basis, which means that you do not have to pay an attorney’s fee unless we obtain compensation for you. The fee is based upon a percentage of the amount recovered.
It is difficult to estimate, since the length of time it takes to process a case depends on a number of factors. KDLM’s philosophy is to obtain full compensation for our clients. In order to accomplish this, we put substantial time and effort into every case, and do not pursue “quick settlements.” WE SOMETIMES SETTLE CASES PRE-ACTION or EARLY IN THE CASE, so we SHOULD NOT HAVE THIS SENTENCE IN HERE. THIS ENTIRE SECTION MUST BE either eliminated or rewritten. Most of our cases typically take three to four years from beginning to end, when a settlement or verdict is reached.
A great number of cases that KDLM handles do settle, but our approach is to treat every case as if it will be tried. Therefore, we will be in a position to negotiate your case from the strongest possible vantage point. Defense firms and insurance companies know that KDLM is not afraid to go to trial.
You should select a law firm or attorney with extensive experience in handling personal injury cases. The firm should have highly qualified attorneys with impressive results at trial and extensive experience handling all aspects of the case, including procedural matters and appeals, to obtain the best results. Pay attention to the firm’s reputation and it’s history of success at trial and in achieving significant verdicts and settlements. You want a firm that will be committed to obtaining full compensation for your injury.
The Inner Circle of Advocates is an exclusive group of 100 plaintiff’s attorneys in the United States who have completed at least 50 personal injury jury trials and received verdicts in excess of $1,000,000. Tom Moore and Judy Livingston are both members of the Inner Circle of Advocates, with Ms. Livingston being the first female attorney to win membership. Kramer, Dillof, Livingston & Moore is one of only a handful of law firms with two members in the group simultaneously.