Deerfield Employment Law Firm

What role does fault play in personal injury claims?

Fri, 22 May 2026 13:33:14 GMT

A person who’s been involved in a crash may suffer significant injuries, some of which may require urgent medical attention. The cost of care and other damages can have a negative impact on the victim’s finances.

Some victims may choose to seek compensation for the financial damages they’re dealing with. These cases depend largely on fault. In New York, a comparative negligence standard is used to determine how the assignment of fault will affect the award the victim receives.

Assignment of fault

The percentage of fault that’s assigned to each party is critical in these cases. Insurance companies will try to argue that the victim was at fault because of distractions, ignoring hazards or failing to use care. The evidence that’s presented in a case is what’s used to determine fault. This can include police statements, witness statements, medical records, videos, photos and similar records.

Percentage of fault affects the award

In New York, the percentage of fault that’s assigned to the victim directly reduces their award. This is because New York uses the comparative negligence standard. Unlike some states, victims here can still collect an award as long as they aren’t assigned 100% liability for the crash.

For example, if a person is awarded $100,000 and assigned 20% fault, their award would be reduced by $20,000. The person would still receive $80,000 as their award for the crash.

Proving fault in crash cases is often a complex undertaking because each party wants to have the lowest percentage of fault possible. Working with someone familiar with these matters might be helpful since they can assist with building and presenting your side of the case.

Delayed symptoms after car crash shouldn’t be ignored

Fri, 08 May 2026 13:31:25 GMT

People who are involved in a car crash may think that they walked away from it without any injuries, but that might not be the case. In the first few hours after a stressful event like a car crash, it’s possible that the victims will feel shaky but otherwise fine. Adrenaline, stress and the urgency of the situation may mask symptoms.

There’s a chance that the symptoms may start to appear in the days or weeks after the crash. These don’t necessarily mean that the injury is minor, so it’s critical to get medical attention as soon as possible.

Common symptoms and conditions that may be delayed

Soft tissue, back, neck or head injuries may take time to appear . Once the victim tries to return to normal activities, they may realize that stiffness, headaches, and other symptoms are getting worse. Those may be impacting the person’s daily life.

The symptoms that a person is showing may signal what’s wrong with them. Neck or shoulder pain may mean that the person has whiplash. Headaches could mean that the individual has a concussion or a brain injury. Back pain may mean that there’s an injury to the discs, ligaments or spinal cord.

Because there is a chance that one symptom can point to more than one injury, victims should see a doctor quickly. This appointment can also serve as documentation that the injury was the result of the crash.

Victims of car crashes caused by a negligent or reckless driver may opt to pursue a compensation claim. This can help them to recover the financial damages associated with the crash. Working with someone who’s familiar with these matters may be beneficial since these cases can be complex and time to get the case filed is limited.

Serious teen car accidents are more likely in the summer

Thu, 23 Apr 2026 13:29:34 GMT

Your odds of being involved in a car accident caused by a teenage driver go up during the 100 days of summer break. This is generally the period from Memorial Day to Labor Day.

According to the National Highway Traffic Safety Administration, roughly 50% of fatal accidents involving teenagers happen during this timeframe. This means that there is a significant increase in the summer, as opposed to the rest of the year.

The risks posed by young drivers

Researchers do note that inexperience plays a role in teenage crashes. Drivers are young, and many have only been driving for a matter of months – or, at most, a few years. This makes mistakes and oversight more likely.

That said, this is a risk all year round. A teenage driver who does not know how to maintain a safe following distance could just as easily tailgate someone on their way to school in October. Why is it that the summer sees such a stark increase in accidents?

Often, it is a matter of exposure. Researchers point out that young people have more time to drive since they are not spending their days in school. They often drive with friends, who are also on break. This can lead to driver distraction.

But even if they are alone, simply spending more time behind the wheel increases the potential accident risk for everyone else who has to share the road with them.

Seeking financial compensation

Even though you may be a safe and experienced driver yourself, there is always a risk that you could be injured in an accident someone else causes. If so, you need to know what legal options you have to seek compensation for pain and suffering, lost wages, medical expenses and other damages.

Pay attention to your medical bills after a car crash

Mon, 06 Apr 2026 13:27:32 GMT

Life after a car crash is usually filled with having to deal with things you never thought much about. While your priority has to be healing from the crash, you also need to prepare yourself for some of the financial duties you will have.

One thing that you’ll notice after the crash is that you have an influx of bills from a variety of sources. If you had to take an ambulance to the hospital, you’ll get a bill for that. You’ll also get bills from the hospital, but you may get separate bills from the doctors who took care of you. Imaging centers, specialists, pharmacies and several other entities may send you bills.

Always check billing information

Billing information can make a big difference when you’re dealing with medical care after a crash. Ensure that the doctors have the appropriate insurance information. This isn’t your health insurance because New York’s no-fault personal injury protection (PIP) system is typically the first payer in these crashes. Health insurance will typically only step in if there are expenses remaining after the PIP benefits are exhausted.

Review itemized charges

Itemized bills let you know exactly what you’re charged for. Going line by line can help you to determine if you were charged for services you didn’t receive. You have the right to dispute any charges on the statement that are incorrect.

If the car crash was the result of another person’s negligence, you may opt to pursue a claim for compensation . One component of this involves including your medical bills. Even though they will be part of your claim, you should still take steps to ensure they’re correct. Because seeking compensation is such a complex undertaking, it’s best to work with someone familiar with these matters so you can draw from their knowledge and work toward the compensation you deserve.

When is a slip-and-fall grounds for a lawsuit?

Fri, 20 Mar 2026 13:25:22 GMT

A slip-and-fall at a busy location can be embarrassing. It can also lead to significant injuries. People who fall in a store or other business facility may potentially have grounds to request compensation by filing a premises liability lawsuit.

While not every slip or trip that leads to a fall justifies legal action, many premises liability lawsuits begin with same-level falls. When those people injured in slip-and-fall scenarios have grounds for premises liability lawsuits?

When negligence is to blame

Some people fall because they are under the influence of drugs or alcohol or engage in horseplay in public settings. Others fall due to unsafe property conditions, such as damaged flooring, ignored tripping hazards and slippery surfaces caused by spills or leaks. If the person who fell can show that negligent facility maintenance caused the incident, they may potentially have grounds for a premises liability lawsuit.

When there are noteworthy injuries

A few scrapes or bruises may not be serious enough injuries to warrant premises liability litigation. However, brain injuries, broken bones and more serious soft tissue injuries that affect earning potential could all trigger medical expenses and lost wages. So long as people can connect economic losses to a slip-and-fall at a store, they may be able to request compensation for those losses in a premises liability lawsuit.

Reviewing what led to a fall and the aftermath of the incident with a skilled legal team can help injured people hold negligent businesses accountable for ignoring unsafe property conditions. Successful personal injury lawsuits can result in compensation for medical expenses, lost wages and other verifiable expenses related to an injurious incident.