Many of the accidents that happen on or as a result of scaffolding could have been prevented if the correct safely rules had been followed. OSHA puts strict safety guidelines into place for scaffolding, and a job site that's found not to be following those rules can be heavily fined. Worse than that, though, oversight or willfully ignoring these safety rules can result in workers being seriously injured. These injuries often go beyond the usual bumps and bruises endured by construction workers and could end up being life-changing or even fatal. If you or a loved one have been injured in a scaffolding accident, you may be entitled to compensation for those injuries or the loss of life.
In New York State employers, site managers, and property owners can be held strictly liable for injuries that occur as a result of their failure to follow proper rules and regulations. We can help you determine whether you are entitled to compensation and who you may be able to collect from.
First and foremost, get the medical attention that you need. Document all of your medical treatments as well as any injuries that you've sustained. Be sure to report your injuries and accidents to your supervisors, too, and follow company protocol. Then, as soon as possible, contact an experienced personal injury lawyer. Be wary of any employer that tells you not to report the incident. Remember, a consultation with us is confidential — you have a right to speak to an attorney whether your employer wants you to or not — and we will not tell your employer about the conversation unless you decide you want to bring an action.
Whether you are an employee on the job site or you were injured while passing by or visiting the site, it's important that you speak with an attorney. That's because you may be entitled to compensation for your injuries, lost time on your job, as well as other pain and suffering. The sooner that you contact a scaffolding personal injury lawyer, the sooner they can start gathering the necessary documentation needed to win your case. They can also interview witnesses and help prevent the insurance companies from bullying you into taking a smaller settlement. It's important that you protect yourself and your loved one with the help of an experienced personal injury lawyer as quickly as possible.
If you'd like to learn whether or not you have a valid case for your scaffolding injury, contact the offices of Girvin & Ferlazzo, P.C. As experienced personal injury lawyers working on cases like yours for more than 25 years in New York, we know how to fight for our clients and help them get the maximum compensation for their injuries. We have experience a trial lawyers and aren't intimidated by the insurance companies. We work hard for our clients. You shouldn't have to pay the bills for someone else's negligence. Get in touch with us by giving us a call or contact us through our website and let's schedule your free consultation today.
Q. What is medical malpractice?
Medical malpractice occurs where a person suffers damages because their doctor or medical professional failed to provide treatment in accordance with the applicable "standard of care." The standard of care is defined as the course of care or treatment that a reasonably competent and skilled medical professional should have provided under the circumstances. Which is another way of saying, would other qualified doctors have acted similarly under the circumstances?
Where it is clear that no reasonable doctor would have pursued the same course of care or treatment as the doctor accused of malpractice, the first part of our test is met. That is, there has been a deviation from the standard of care. In order for a lawsuit to be brought, however, we must also be able to prove that the patient suffered damages as a result of the deviation(s) from the standard of care.
Damages take many shapes and forms; they include increased cost of medical care, the need for additional surgeries or procedures, prolonged recovery, additional pain and suffering, loss of function of a limb or organ, permanent scarring, lost wages, loss of enjoyment of life, and loss of services to one's family (such as the homemaker who is rendered unable to cook, clean, and care for his or her children). In a failure to diagnose a case, a person may have had a greater chance of recovery or survival had the injury been diagnosed in a timely manner – the lost opportunity for recovery is a form of damage.
Generally speaking, we say that a particular deviation from the standard of care caused damages when we can say that "but for" that deviation, these injuries or damages would not have occurred. Determining whether damages are sufficiently or "proximately" related to a particular deviation is a complicated question. If you believe you have suffered damages as a result of medical malpractice, contact us immediately for a free case review.
Q. How do I know if the standard of care has been violated?
Unlike ordinary negligence actions, such as slips and falls or motor vehicle accidents, which can be filed by any attorney who believes there are good grounds for such a suit, a medical malpractice lawsuit cannot be brought unless a licensed doctor has reviewed the case and determined that a deviation from the standard of care has occurred. Our lawyers work with expert doctors from all over the country to review our clients' cases. By selecting the expert with the appropriate credentials and experience for each particular case, we are able to quickly and accurately identify whether a deviation has occurred for our clients.
If you believe that a deviation from the standard of care occurred, and you would like one of the expert doctors we work with to review your case, contact our law firm immediately.
Q. How long do I have to sue for medical malpractice?
Every type of claim has a statute of limitations. A statute of limitations provides the maximum amount of time within which you may bring a claim before that claim is lost forever. Generally speaking, the statute of limitations for medical malpractice in New York State is two and a half (2 ½) years from the date of the malpractice.
There are, however, various ways in which this period can be extended. These includes tolls for infancy and incapacity as well as the "continuing treatment doctrine." A person who is an infant or incapacitated at the time of the malpractice may have up to an additional ten years to bring a suit. Likewise, under the continuing treatment doctrine, the statute of limitations period does not begin to run until the last treatment for the particular injury occurs.
We never advise our clients to rely on these tolling provisions. If you believe you are the victim of medical malpractice, you should seek an evaluation by a personal injury lawyer immediately. Contact us now for a free review.
Sal took over the case and did an amazing job of getting me a multi-million dollar verdict.