New York SUV Accident Brain Injury
If you are suffering from a brain injury caused by a SUV accident, you should contact the experienced New York SUV Accident Brain Injury Lawyer staff at Stephen Bilkis & Associates, PLLC to discuss your legal options.
As sport utility vehicles have increased in popularity so have SUV-related accidents. In many cases, these accidents are caused by the vehicle’s higher center of gravity, which can cause a stronger likelihood of rollover and accidents relating to difficulty maneuvering the SUV. These characteristics result in a higher risk of personal injury.
The New York Injury Lawyer staff at Stephen Bilkis & Associates, PLLC has found that more than 10,000 individuals die each year due to a rollover accident. Not only can a SUV accident cause a wrongful death but the accident can cause individuals serious and debilitating injuries such as brain injury or spinal injury. Even a minor accident involving a SUV can lead to permanent physical disability and impairment.
Often these cases involve the negligent actions of another party. Negligence is generally defined as any conduct which falls below the standard of conduct established by law for the protection of others against reasonable harm. The particular standard of care will depend on the activity being engaged in. A doctor for instance, will be held to a standard of care expected in their profession.
In order to have a claim of negligence, there must be four elements present. First, the defendant must have owed the plaintiff a duty of care. This duty must have been breached in some way, either by the actions or inaction of the defendant. This breach was a direct and contributing cause to the plaintiff’s injuries, and the plaintiff suffered damages as a result.
New York is one of 13 states that has adopted pure comparative negligence. New York Civil Practice L & R 1411 states that the plaintiff’s damages will be reduced by their own liability, but not barred altogether.
For instance, perhaps the plaintiff was speeding in their SUV. The defendant ran a red light, causing a serious SUV accident. While the plaintiff contributed to the accident, they would still be able to recover from the defendant for their injuries.
A brain injury occurs when an individual suffers a head injury, usually caused by a blunt force or impact to the head. This type of injury, a traumatic brain injury, is categorized by severity. A minor brain injury can still cause lost work time and medical bills. A major brain injury can cause permanent disruption of motor function, permanent physical impairment, loss of job or source of income and mental pain and suffering.
A serious injury can lead to extensive medical bills and mounting medical expenses. If you are suffering from a brain injury you may need to visit multiple specialists or even need brain surgery. Our New York SUV Accident Lawyer group at Stephen Bilkis & Associates, PLLC will help you hold the responsible party liable for your injury. Together, we will fight to obtain an appropriate award of compensation for your injury and property damage.
If the cause of the accident was not the SUV’s handling abilities or design, you still need the help of our experienced New York Brain Injury Attorney team to help you determine if the vehicle contributed to the accident. In the case of an SUV accident, there could be potential claim under the premise of product liability.
When a consumer purchases a product, they have a right to be safe while using the item. Companies are under an obligation to provide a safe product for the consumer. When the fail to uphold this standard, accidents can occur.
Product liability falls into three main categories; defective manufacture, defective design, or failure to provide adequate warnings. One controlling law in this area is from the Second Restatements of Torts section 402 which states in part that when someone sells a product in a defective condition that is unreasonably dangerous to the consumer, strict liability applies.
Contact Stephen Bilkis & Associates, PLLC at 800.696.9529 to schedule a free consultation to discuss your legal options. You may also contact us online or stop by one of our many convenient office locations throughout the New York area in Rockland County and Westchester County, in the New York City area in Manhattan, Queens, Brooklyn, Bronx and Staten Island or in the Long Island area in Suffolk County and Nassau County.