One or more parties may be liable for your New York personal injury. It’s important to identify all of those parties in order to get the compensation you deserve.
Liability is legal responsibility for an injured person’s damages. This includes paying compensation for a person’s physical, emotional, and financial injuries.
The person who directly caused your injuries is at fault. They might or might not be liable. Other parties could be liable too. Other parties could be liable instead of the at-fault party. Liability can be complicated.
A party can be liable for your injuries based on several personal injury laws.
Most injury victims base personal injury lawsuits on negligence. Negligence is a failure to uphold a duty of care that causes someone harm. People are generally required to act as a reasonable, prudent person would under the same kind of circumstances. This is called the ordinary duty of care. When a person doesn’t behave as carefully as they should, they’re negligent. Negligence doesn’t mean a person intentionally tried to hurt someone.
Gross negligence is more serious conduct than carelessness. It means someone acted recklessly or disregarded other people’s safety. A grossly negligent person might’ve acted maliciously or intentionally.
A party might be automatically liable for a person’s injuries. Strict or absolute liability doesn’t require someone to have done anything wrong. The person or business doesn’t have to be careless or reckless. Strict liability is common in product liability and dog bite cases. In New York, building owners and general contractors could be absolutely liable when a construction worker’s injuries are a result of a New York Labor Law violation. A labor law violation is considered a per se breach of duty, aka negligence. This is a common issue in the construction industry.
A party could be responsible for someone’s injuries if those injuries were caused by their breach of an implied or explicit warranty. A warranty is a promise. An implied warranty is a promise guaranteed by law. An explicit warranty is said or written, like in a contract. This theory of liability comes up in product liability cases.
A party who doesn’t uphold a contract could cause someone physical or emotional harm. The contract might be oral or written.
The party who is liable for a person’s injuries might be the party who directly caused the accident. It also could be a party that wasn’t involved at the time at all. Direct and indirect liability can be confusing.
The party who directly caused the accident and your injuries might be fully or partly liable for your damages. You might file a personal injury lawsuit against this person.
Vicarious liability means someone can be liable for another individual’s actions. A person or business might be liable for your injuries through their relationship with the at-fault party.
One of the most common forms of vicarious liability is the employer-employee relationship. An employer is liable for your injuries if an employee who was on duty and acting in the scope of their employment at the time of the accident caused you harm.
Hospitals and medical facilities that employ doctors, nurses, and other health care providers can be responsible for their employees’ medical negligence.
One of the ways in which hospitals and other employers escape liability for someone who acts on their behalf is to work with independent contractors and not employees. Businesses are not usually liable for an independent contractor’s conduct. We have run into this issue before and take a close look at the actual working relationship between the two parties. It might be that the business treats the person as an employee and intentionally mislabeled them.
The principal-agent relationship is similar to the employer-employee relationship, though the two parties might not be engaged in a direct employment situation. The agent must have hurt you while acting in the scope of their activity for the principal or at the direction of the principal.
A party can be held liable for another person’s actions if that party entrusted an instrument to the person knowing that the instrument would be dangerous in the person’s hands. The party gave or lent the other person a vehicle, weapon, or other instrument, knowing that the person would probably act carelessly or recklessly. Negligent entrustment is a common issue when a negligent driver is in a borrowed car.
In New York, there are circumstances in which parents can be liable for their children’s harmful actions. Parents could be liable based on their own negligence that contributed to the child’s conduct. Parental negligence could be failing to supervise the children or consenting to dangerous conduct. They could be responsible if their child was acting as their agent when the child caused someone harm. Or, the parents could be liable if they negligently entrusted an instrument, like a car or firearm, to a child they knew would use it negligently or dangerously.
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Read More ResultsAn investigation of your accident may find that a state or municipal government agency is liable for your injuries. This complicates your case. Government entities have limited liability by law because of a legal concept called sovereign immunity. In New York, you can sue, but only if you follow New York’s guidelines. There are strict deadlines for injury claims. You have 90 days to file a Notice of Claim with the appropriate government entity. If the government doesn’t resolve your claim within 30 days, we can file a lawsuit. Some municipalities and governmental agencies have shorter time periods to file a notice of claim.
The party that’s liable for your damages might not be obvious. You might not know the negligent driver was working at the time. You might not realize an irresponsible teen driver was given the car keys by his dad. You might not learn right away that the construction accident involved a Labor Law violation.
You need an experienced New York personal injury lawyer to investigate the accident and uncover who was responsible. Submit your information through the online contact form or call (212) 490-5700 to speak with an experienced attorney at Hecht, Kleeger & Damashek, P.C. We offer free consultations, and we accept cases on a contingency fee basis. There is no up-front fee.
CLIENT REVIEWS
09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
02/25/2021
I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…
02/23/2021
I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…
02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
01/29/2021
I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…
01/19/2021
The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.
01/18/2021
Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…
01/15/2021
I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.
01/15/2021
I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.
01/15/2021
I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…
01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
12/04/2020
Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with. He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.
12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
12/03/2020
My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive
12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
07/05/2015
I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
06/05/2019
I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…
05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…