Personal injury is an injury to an individual, and it can include damage done to the person or that person’s property, rights or reputation by the negligence or intentional act of another. If you have been hurt as the result of another person or company’s negligent, reckless, or intentional actions, you are entitled to recover for the damages that you suffered.
In many cases, the person or company that injured you may have liability insurance. This can be good and bad. It is good because it means that there is likely some money available to pay for your injuries. It can be bad in that many insurance companies would prefer to pay you less than you deserve.
If you have been injured in an accident, the attorney you choose is important. At Novins, York & Jacobus our attorneys have the experience to vigorously protect your rights and the dedication to give your legal matter the time and attention it requires.
Road Vehicle Accidents
Automobile accidents are everyday occurrences, if you are injured you need someone who will fight for you. Information will need to be gathered, investigated and prepared. A suit may need to be filed, depositions taken, and eventually the case may end up in trial. Novins, York & Jacobus has the experienced attorneys well versed in what may be required to provide our clients with effective representation that yields results.
Every year, millions of Americans suffer serious traumatic injuries as the result of a negligent driver. Unfortunately, many of these injuries result in long periods of disability, and sometimes even in death. The law allows personal injury victims to seek monetary damages from the person or entity responsible for their injuries. Damages that may be recovered include medical bills, prescription drug costs, rehabilitation expenses, time missed from work, and others that an experienced attorney can discuss with you.
Different insurance coverage issues apply to different situations, we are here to help. You do not need to feel lost in your negotiations with the insurance adjuster or the attorney for the insurance company who is handling the case. That is our job. We develop your file to reflect your losses, including your medical bills, lost wages, and the pain and suffering you have encountered, and in the unfortunate event of death, we will build a case for recovery on behalf of the wrongfully killed person’s estate.
If you or a loved one has been injured in an automobile accident, contact Novins, York & Jacobus today.
Truck & Commercial Vehicle Accidents
Large commercial vehicles can pose a significant risk to passenger car and light truck occupants. Large trucks weigh significantly more than passenger cars and require a much greater distance to come to a complete stop. In the event of a crash, the size and weight of large trucks can cause catastrophic injuries or death to passenger car occupants.
Causes of Truck Accidents
Accidents involving large trucks are not uncommon. Some are unavoidable, but a great many are due to driver negligence. Frequent causes of truck accidents include:
- Driver distraction
- Driver fatigue
- Mechanical failure such as brakes, warning lights, and other safety features
- Failure of driver to recognize blind spots
- Driving while under the influence
- Failure of driver to follow federal and/or state regulations mandated for operators of large trucks
- Inadequate training/experience
- Overloaded or improperly loaded cargo
- Wide turns
Motorcycle riders have all of the same rights and responsibilities of any other vehicle on Ohio’s roads. It is the responsibility of other motorists to see motorcycles and to give them the same respect that would be given to a car or truck. Injuries suffered by motorcyclists are often very severe due to the lack of protection provided by a motorcycle as compared to a car.
Motorcycle accident injuries can range from road rash up to serious broken bones, closed head and spinal cord injuries and even death. If you have been injured in a motorcycle accident, you should discuss your case with a personal injury attorney. Even if you think your injuries are not severe, you should make sure they are properly documented because some injuries may not become fully apparent for several days or even weeks. Having an experienced attorney by your side can help to ensure that your interests are protected from the start.
At Novins, York & Jacobus, we have experience handling all types of motorcycle accident cases. In addition to the monetary damages you may be entitled to seek, we also pursue any necessary short-term and long-term medical care needs and rehabilitation services to aid in your recovery.
In some cases, equipment failure or other factors can contribute to the cause of your accident. Our attorneys thoroughly investigate your case from every side and work to determine exactly how your accident happened and who was to blame.
Contact our office today to discuss your motorcycle accident questions.
Who Is Responsible?
In many instances, the truck driver may not be directly at fault when an accident occurs. Our accident attorneys can help you determine who is most responsible for the conditions that ultimately led to the crash. The responsible party may include:
- Truck maintenance and repair companies
- Shipping and receiving clients
- Trucking companies
- Insurance companies
Handling a claim in a truck crash case requires sophisticated investigation to maximize the value of the claim and to deliver a message to the truckers about safety on the highways. Too often, truckers drive for excessive hours at excessive speeds with reckless disregard for the rights of other travelers on the highway. If you or a loved one has suffered severe injuries in a truck accident, contact Novins, York & Jacobus today. We can help you begin the healing process by holding the liable parties accountable for their actions.
Injured in a plane accident?
Despite significant advances in safety technology, human error and mechanical failure continue to cause aviation accidents. It’s important to seek legal assistance immediately after an aviation accident in order to ensure that important evidence is preserved and the rights of you and your family to recover compensation are protected.
Air travel has increased over the decades and fortunately the frequency of airline accidents has decreased, helped by stricter air safety procedures and technological innovations.
Unfortunately, aviation accidents such as airplane crashes and helicopter crashes do still occur, and when they do, the impact is devastating. If you or a loved one has been the victim of an accident, you may have many questions. You may need to understand what happens next. You may want to know what to expect from the agencies that will investigate the accident. You may want to know who is responsible for your injury or loss. You and your families may need counseling or on-going medical care to facilitate recovery.
At Novins, York & Jacobus every case is important to us. One of our skilled attorneys will conduct a thorough investigation to determine who is at fault whether it be an aircraft owner or operator, an aircraft manufacturer, maintenance vendors, air traffic control, an insurer, or the pilot.
Most Common Injuries
Every once in a while a plane crash will take the lives of the innocent people onboard, or cause irreversible injury to its victims. Although these incidents are often rare, they do happen, and almost always cause serious injury to anyone involved. In the event of an airplane or helicopter crash, there are several ways in which the passengers and/or bystanders of an accident can be injured.
If you or a loved one has been injured in an aviation accident, you might be wondering what circumstances of your case are grounds for a valid personal injury claim. Unfortunately, one of the most common personal injury claims to result from an aviation accident is a wrongful death. If a loved one has been killed as a direct result of the negligent behavior of a pilot or of the flight staff, or even due to faulty manufacturing, you are entitled to compensation.
Other injuries that may occur include
- Spinal Cord Injury
- Brain Damage
- Broken Bones
- Burn Injuries
Any type of catastrophic injury may result in future debilitation or permanent disfigurement, depending on the type of injury. In the event that this has happened to you, it is important that you seek the assistance of a qualified lawyer who can help you throughout the entire legal process and guide you onto the road to recovery.
Contact Novins, York & Jacobus for the answers to your questions. We understand how devastating it can be to sustain a serious injury, both physically and mentally, and we are prepared to guide you through this complicated time. We not only answer your questions, but we can also help you or your loved one get the care they need to recover.
Common Bicycle Accident Injuries
Riding a bicycle while sharing the roadways with motor vehicles can be dangerous, as bicycle accident injuries occur at an alarming rate: according to National Highway Traffic Safety Administration statistics, over 40,000 Americans are injured and over 700 people lose their lives in bicycle accidents each year. At Novins, York & Jacobus, our personal injury lawyers represent victims and ensure that they receive the fair compensation they need so they can focus on recovery.
When accidents involving bicycles and automobiles occur, bicyclists are extremely vulnerable to serious personal injury, even if they are wearing helmets. No matter how fast a motor vehicle is traveling at the time of impact, bicycle accidents can cause a variety of injuries.
Victims of bicycle accidents must establish that their injuries are the result of the driver’s negligence in order to be eligible for compensation for their losses and expenses.
Causes of Bicycle Accidents
Driver negligence is one of the top causes of bicycle accidents involving motor vehicles. Because bicycles offer relatively little protection, motor vehicle operators have an obligation to share the road responsibly. When a driver fails to live up to that responsibility and acts negligently, bicycle accidents and serious injuries can easily occur. Common examples of driver negligence include:
- Driving while impaired by drugs or alcohol
- Turning directly in front of a bicyclist
- Failing to yield the right of way at an intersection
- Running a red light or stop sign
- Speeding or reckless driving
Victims of bicycle accidents that are the result of a driver’s negligence or wrongdoing may be entitled to damages, including compensation for past and future medical expenses, loss of income, and pain and suffering. In addition, victims of bicycle accidents may be entitled to punitive damages if the driver’s conduct is deemed to be excessively negligent.
If you or a loved one has been injured in a bicycle accident as the result of another person’s negligent or wrongful act, contact Novins, York & Jacobus today.
The joy a family feels at the arrival of a new baby can quickly give way to tragedy if the infant suffers trauma or injury during the delicate birthing process. A preventable birth injury occurs when an infant suffers harm as a result of medical negligence directly before, after, or during birth.
Families and children affected by birth injury may face the burden of a lifetime of costly personal and medical care, so it is important that they recover the full compensation to which they are entitled from the parties at fault. We can help guide families through the medical negligence litigation process. Each lawyer at our firm is dedicated to treating victims and their families with the utmost compassion while aggressively fighting for justice on their behalf.
Common Birth Injuries
The most common causes of birth injury are negligent prenatal care, delivery errors, or incorrect diagnoses. Most cases of birth injury involve a deprivation of oxygen, which can cause severe permanent damage or even death to a fragile infant. Birth injuries that may occur as a result of medical negligence include:
- Cerebral palsy
- Erb’s palsy
- Shoulder dystocia
- Bone fractures
- Brain injury
- Spinal cord injury
- Injury caused by improper use of forceps
Effects of Birth Injuries
The effects of many birth injuries can be life-long, and the families of children with birth injuries may be faced with the challenge of funding a lifetime of care. While no amount of money can compensate parents for the loss of their baby’s health, damages awarded for pain and suffering, medical bills, and other expenses can ease families’ financial worries so that they can focus on the future. A compassionate birth injury lawyer Novins, York & Jacobus can help families recover the full compensation to which they are entitled and ensure that their child receives the best possible care, now and in the future.
In many instances, catastrophic car accidents and other heavy head trauma can result in debilitating brain injury. Brain injury, which results from a blow or jolt to the head, can disrupt the normal function of the brain.
According to the International Brain Injury Association, brain injury is the most likely injury to result in death or permanent disability. Vehicle crashes, such as truck or car accidents, account for 50 percent of all cases of brain injury in victims under 75. Other causes of brain injury include falls and sports injuries.
Brain injury can be slight or severe, ranging from a concussion to a compressed skull fracture. Disabilities resulting from brain injury depend on several factors, including the severity of the brain injury, the location of the brain injury, and the age and general health of the brain injury victim.
Common disabilities that result from brain injury are problems with cognition (reasoning and memory), communication, behavior, and sensory processing (sight, smell, hearing, touch, and taste). In addition, victims of brain injury may develop long-term problems such as Parkinson’s disease and Alzheimer’s disease. Compensation can be awarded to those that suffer from a brain injury.
While victims of minor brain injury frequently make a full recovery, those who suffer a severe brain injury often face permanent disability or death. Many brain injury victims face a long rehabilitation process and may not be able to return to work, causing a serious financial and emotional strain on both the brain injury victim and his or her family. If you or a loved one has suffered a brain injury Novins, York & Jacobus will help you get the compensation you deserve so you can focus on healing. We will treat you with compassion and respect, and we will fight to get you the justice you deserve.
According to the American Burn Association, 2.4 million burn injuries require medical attention each year. Of those victims, 75,000 require hospitalization, with half of those victims requiring care in a specialized burn unit. Sadly, an estimated 12,000 burn injury victims die every year.
A serious burn injury can be one of the most traumatic personal injuries a person can suffer. The financial, physical, and psychological costs of recovery can be staggering. Months of hospitalization may be required, and many victims need extensive counseling to overcome the trauma. At Novins, York & Jacobus our burn injury lawyers can help victims obtain compensation for injuries resulting from another party’s reckless, careless, or negligent actions. We have obtained millions of dollars in verdicts and settlements on behalf of our clients. We have handled burn injury cases arising from:
- Auto accidents
- Workplace accidents
- Defective products
- Electrical accidents
- Gas explosions
- Scalding hot liquids
If the burn-injured victim does not survive as a direct result of their injuries our attorneys can help the surviving family members to obtain wrongful death compensation for medical and funeral expenses, loss of consortium, and punitive damages.
Burn Injury Severity
The severity of a burn injury is determined by how deep it penetrates the surface of the skin. Burn injuries are generally classified into three categories: “first-degree,” “second-degree,” and “third-degree” burns.
Whereas first-degree burns are superficial and affect only the outer layer of skin, third-degree burns (also called “full-thickness burns”) penetrate deep into the body, damaging nerves, muscles, and bones. Third-degree burns often require years of expensive and invasive treatment.
When to Contact a Burn Injury Lawyer
If you have suffered a burn injury, you may be entitled to compensation for medical bills, rehabilitation costs, diminished earning capacity, and lost income. A burn injury lawyer from Novins, York & Jacobus can give your case the attention it deserves and recover compensation for any expenses resulting from your injuries.
Drunk Driving Accidents
According to the Centers for Disease Control and Prevention (CDC), drunk driving accidents in the United States kill one person every half an hour. If you have lost a loved one through a wrongful death caused by a drunk driver, that person should be held responsible for the damage they have inflicted.
If you have suffered a personal injury in a car accident with an inebriated driver, a Novins, York & Jacobus attorney may be able to help. When a person drives while intoxicated, their body remains more relaxed during the course of a collision. Often it is the sober victim of the crash who ends up with injuries far more severe than the person who committed the crime and caused the accident.
We are dedicated to giving each client the personal attention they deserve by taking the time to get to know each client and make sure we meet your expectations for representation, communication and responsiveness.
Drunk Driving Settlements
If you were hurt because of a drunk driver, you will need compensation for expenses like emergency medical treatment, ambulance bills and hospitalization. Since your accident was caused by negligence, you should not have to pay for your rehabilitative care or physical therapy, and if you have missed work because of your injuries, you should be compensated for your lost wages. Novins, York & Jacobus will seek the full amount to which you are entitled. You should not have to bear the financial burden imposed by a drunk driver, and our firm is here to help you move on with your life as quickly as possible.
Our environment is precious. When companies are careless with chemicals; when unsafe pesticides are used; when noxious fumes and industrial waste are released in the environment, and when man-made carcinogens are freely distributed the health and safety of all is in danger. At Novins, York & Jacobus we are ready to stand up to negligent companies who threaten communities and individuals. There are a number of situations that can lead to an environmental disease or injury including:
- Lead Poisoning
- Toxic Waste
Environmental dangers tend to go undetected for long periods of time. By the time they are detected, workers, individuals in a community, and even animals can be extremely ill. There are many injuries that can be caused by chemicals. Sometimes, two or more chemicals combine in such a way that a lethal “chemical cocktail” is formed to cause even more serious injuries including the following:
- Cognitive Disorders
- Learning Disabilities
- Serious Allergies
- Bladder Cancer
- Brain Cancer
- Kidney Cancer
- Other Forms of Cancer
- Neurological, Heart, and Liver Conditions
Sources of Contamination
The three ways in which individual homeowners, businesses, and workers may be harmed are air contamination, ground water contamination, and soil contamination.
Air contamination occurs in many ways. Atmospheric contamination can occur when chemical companies or other businesses are releasing noxious fumes into the air, which then drift over people’s homes and businesses. They may be inhaled or absorbed through the skin. Harm can also be caused by ground water contamination or soil contamination.
Ground Water Contamination
Ground water contamination usually arises when individuals have wells. The families who own the wells are then exposed to the chemicals through the drinking water, through contact with the skin, or through breathing the poisonous fumes from heated water. The ground water, or aquifer, is contaminated with the specific chemicals released by the responsible party.
The chemicals form into a “plume” that flows into the aquifer. Areas with low water tables may be particularly susceptible to contamination, resulting in atmospheric or air contamination in people’s homes. If the pollutants emit vapors, like gasoline or other chemicals, they can invade homes and become a potent chemical cocktail.
Soil contamination is usually caused by contaminated creek water, river water, or some other body of water that flows over and around areas near homes and businesses. It can also be caused by ground water pollution and the resulting “plume” described above. Contaminated soil is particularly insidious since it may be carried into the home where it may be inhaled, ingested, or absorbed through the skin.
Environmental contamination can have devastating consequences. Side effects can be severe, and far too often they are terminal. Environmental injuries are very costly and can include the need for the following:
- Long-Term Care
Not to mention lost earning power, and pain and suffering.
Environmental injuries are very costly and can include the need for long-term care and medications, not to mention lost earning power, pain and suffering.
Industrial and construction sites are some of the most dangerous places to work. Regardless of how safe you are, when other people commit safety violations, cut corners or make errors, you could be seriously injured or even killed.
If you or a loved one has suffered serious injury on the job due to an industrial accident, you are entitled to receive workers’ compensation. If your injuries were caused by another party’s negligence, you may also have a third-party claim.
Novins, York & Jacobus is committed to helping our clients to recover compensation for injuries resulting from construction accidents, industrial accidents, and defective products. Our accident investigations often reveal that a defective part, defective product, or an industrial safety violation may be responsible for a workplace or construction accident.
Industrial accidents include:
- Gas Explosions
- Chemical Fires
- Coal Mine Collapses
- Vehicle Accidents
Injured workers in industrial accidents may also be entitled to seek money damages for injuries, medical expenses, lost wages, and pain and suffering from other sources in addition to their employers.
Any person injured on the job is entitled to workers’ compensation benefits that cover medical expenses and a percentage of lost wages. However, depending on the unique circumstances surrounding the case, there may be additional sources of compensation available for the victim and victim’s family.
Our attorneys will work with accident reconstruction experts, examine records of safety inspections, and interview witnesses to determine whether your injuries partly resulted from violations of regulations under the Occupational Safety and Health Administration (OSHA).
Contact the Industrial Accident Lawyers at Novins, York & Jacobus to discuss your claim from a serious injury including:
- Broken Bones
- Head Injury
- Impaired Hearing or Vision
- Exposure to Harmful Chemicals
- Neck Injury
- Loss of Limb
- Back Injury
What is Malpractice?
Medical malpractice is defined as a negligent act or omission by a doctor or other medical practitioner that causes harm to a patient. Negligence can arise because of an error in diagnosis or treatment.
A malpractice suit also may be instituted against hospitals for improper care, such as problems with medications or nursing care, or against governmental agencies that operate hospital facilities. If you or a loved one has been a victim of medical malpractice, contact the experienced attorneys at Novins, York & Jacobus today to discuss your options.
Medical malpractice can result in serious, life changing events. We work to obtain compensation for medical malpractice victims including recovery for:
- Birth injuries
- Erb’s palsy
- Cerebral palsy
- Failure to diagnose cancer
- Nurse errors
- Failure to treat
- Failure to adequately staff a hospital
- Surgical errors
- Anesthesia errors
- Emergency room errors
- Prescription errors
Understanding Informed Consent
In many situations where medical care or treatment is provided to an individual, medical professionals are required to obtain the patient’s “informed consent.” In essence, the patient has made a knowing decision about a medical treatment or procedure after a doctor or other health care professional discloses all the information a reasonably prudent medical provider would give to a patient regarding the risks involved in the proposed treatment or procedure. If the health care provider fails to obtain informed consent, the patient may have a legal claim for damages.
Forms of Medical Malpractice
Any health care provider may commit medical negligence, or medical malpractice. This includes doctors, nurses, pharmacists, and technicians that provide patient care. Medical negligence can occur in any setting where healthcare providers come into conduct with patients, such as doctors’ offices, hospitals, clinics, nursing homes, ambulatory surgery centers, mental health clinics, and diagnostic clinics. There are many circumstances in which medical malpractice can lead to tragic results. Examples of medical malpractice include:
- Emergency room errors
- Surgical errors
- Medication errors
- Missed diagnoses
- Delayed diagnoses
- Lack of informed consent
- Anesthesia errors
- Misdiagnosis of spinal meningitis
- Gastric Bypass errors
Proving Your Case
To establish a case for medical malpractice, the plaintiff must prove that the defendant had a duty to the plaintiff, that the defendant failed to meet the standard of care owed to the plaintiff, that the mistake actually caused the plaintiff’s injury and that the doctor or other medical professional’s negligence damaged the plaintiff. Proof of causation can be a difficult issue in a medical malpractice case. For one thing, the injuries generally involved in medical malpractice cases require specific medical training to understand, and the normal plaintiff may not know the cause of such injuries.
If you would like to discuss a potential medical malpractice claim, contact Novins, York & Jacobus today.
Nursing Home Abuse
What is Nursing Home Abuse?
Nursing home abuse is defined as the neglect, mistreatment, or harming of an elderly resident in a medical care facility. Elder abuse can occur in a variety of forms, including physical, sexual, and emotional abuse, and financial exploitation. A 2001 congressional report stated that one of every three nursing homes was cited for an abuse violation within a two-year period. Furthermore, nearly 10 percent of these violations were serious enough to cause actual harm to the residents or to place the residents in immediate jeopardy of serious personal injury or wrongful death. Our knowledgeable elder and personal injury attorneys are experienced in litigating these claims and can help you hold responsible those liable for their actions.
Signs of Nursing Home Abuse
According to the National Center on Elder Abuse, for every case of nursing home abuse, neglect, or exploitation reported to the authorities, five incidents go unreported. Because elder abuse is generally committed by trusted authority figures, many victims are often afraid, unwilling, or unable to report it. For this reason, it is necessary for family members to be familiar with the warning signs of nursing home abuse and understand what constitutes neglect.
Signs of nursing home abuse include:
- Injuries resulting from restraint
- Injuries resulting from a lack of necessary restraint
- Broken bones
- Unexplained falls
- Excessive and/or rapid weight loss
- Open wounds, cuts, bruises, or welts
- Bed sores and ulcers
- Unexplained death
Nursing home neglect includes:
- Failure to provide food, clothing, and shelter
- Failure to provide necessary medical care
- Failure to prevent falls
- Failure to prevent malnutrition and dehydration
- Failure to assist in personal hygiene
In addition to physical and emotional abuse, it is also common for residents of negligent nursing homes to suffer financial abuse. If you see or suspect any financial exploitation of a loved one in a nursing home facility, contact local authorities immediately; then seek the representation of Novins, York & Jacobus.
Reporting Elder Abuse
If you suspect that a loved one has been the victim of nursing home neglect, or if you have suffered because of nursing elder abuse, it is important to immediately document and report the problem. Include the following information in your report:
- The victim’s personal information (name, age, address, etc.)
- The name of the facility and the people responsible for the victim’s care
- The identity of the person believed to have abused or neglected the victim
- The nature and extent of harm
- The place the incident happened
- The time and date of the incident
Instances or nursing home neglect and elder abuse are far too common in the United States. By reporting elder abuse and taking legal action against transgressors, we can help you hold the responsible party or parties liable for their actions. If you have even the slightest suspicion that someone you love has been subjected to nursing home abuse, contact Novins, York & Jacobus immediately.
What is Premises Liability?
Premises Liability Law refers to the set of laws that make an owner or possessor of land or premises responsible for certain injuries suffered by persons who are present on the premises, meaning they are liable for certain torts or wrong-doings that take place on an immovable property. The owner’s liability extends to more than just the physical building or surrounding area, but also to those public sidewalks in front of the property used for access.
There are many types of premises liability injuries, ranging from minor injuries to wrongful death.
Relatively Minor Injuries
Bruises, scrapes, lacerations, and broken bones will not likely cause irreparable or long-term damage, but they can be legitimate grounds for a premised liability case.
Slip or trip and fall accidents, gas explosions, amusement park accidents, animal attacks, and other catastrophes can leave victims permanently disabled or disfigured, forever changing their lives. Catastrophic injuries cause severe damage physically and emotionally and often require intensive, ongoing medical treatment.
Common types of catastrophic injuries include:
- Brain injury
- Spinal Cord Injury
- Burn Injury
Persons who survive the wrongful death of a loved one caused by a premises liability accident can pursue compensation for their losses, pain, and suffering.
Premises Liability injuries can occur because of hazards such as:
- Weather Conditions
- Uneven sidewalks
- Poorly lit or unmarked pathways or stairs
- Slippery tiling
- Unbalanced flooring
- Rippled carpet
- Obstructions on the floor or walkway
Your time to file suit may be limited and depends on several factors, starting on the day the injury occured or when the victim discovers the injury. When time is of the essence, Novins, York & Jacobus is here to help, giving you the time and focused attention you deserve.
What is Product Liability?
Poorly designed and/or manufactured products are responsible for countless injuries and deaths each year. This can stem from safety gear that fails to protect, malfunctioning sports gear, dangerous tools, defective auto parts and more.
Types of Liability Claims
Product liability is a broad umbrella term for claims that stem from dangerous and/or defective products. There are many differences between what can cause a product to malfunction and/or cause injury. Below are the three major types of claims involving dangerous products and the main sources for failure:
This occurs when the product is actually being produced. It is classified as a defect during manufacturing when the product that is built does not live up to or adheres to the specifications that are laid out during the design process. An example would be using faulty machinery.
This occurs when the product is faulty from inception. To prove this, it must be shown that a change in the design could have prevented the injury – essentially proving that there is a safe alternative design possible. In these claims, an injury would have been sustained regardless of how flawlessly the product was manufactured.
Failure to Warn
This occurs when a manufacturer does not provide proper warning to consumers regarding all of the potential dangers that could be sustained from using the product. This is especially true for products that could not function without some inherent danger or risk (for example, kitchen knives needing to be sharp). This is only applicable when the manufacturer knew or should have known about the risk.
Injured by a Defective Product?
If you have been seriously injured, or if a loved one has been seriously injured or killed due to the deficiency of a consumer product, you need an attorney with the experience to successfully take your case to court. The attorneys at Novins, York & Jacobus are skilled and dedicated with a passion for our clients’ welfare; whether we are dealing with a defective product currently on the shelves or a product recall, you can trust that we will be there to help you.
We know from 80 years of living in this community the quantity of wonderful activities that involve watercraft. Unfortunately, with thousands of people venturing out on our waterways, devastating boat accidents are almost inevitable. At Novins, York & Jacobus, we can help to pursue compensation for the tragic effects a water-vehicle accident can have on personal finances as well as physical and emotional health.
Types of Water Craft Accidents
Living in an area of the country that is surrounded by water, there are many different types of vessels that populate recreational and commercial waterways. Accidents may involve various types of boats and ships and the people on them, including:
- Recreational Watercraft
- Pontoon Boats
- Row Boats
- Jet Skis
- Cruise Ships
- Fishing Vessels
- Longshoremen and those in other maritime occupations
- Individuals participating in water sports
- Scuba Diving
Water Craft accidents are known to cause severe injuries, and can often be fatal. If you have been involved in a boating accident, the lawyers of Novins, York & Jacobus can pursue compensation and hold negligent parties accountable.
Maritime and boating laws are in place to prevent a range of accidents, injuries, and fatalities that occur on waterways. These laws and regulations are specialized to water vehicles and apply to cruise ships, maritime workers, recreational vessel operators, passengers, and basically anyone out on the water. Product liability laws governing crashworthiness of vehicles and the safety of parts and equipment also apply to watercraft.
Our attorneys understand the importance of gathering evidence as quickly as possible, as evidence in boating accidents is often washed away or destroyed, making it imperative to seek legal representation immediately. If you have been involved in a boating accident, contact Novins, York & Jacobus today.
Litigating a boat accident case can be a very complex process, dealing with specialized maritime laws and the collection of evidence critical to your case. However, if our Water Craft accident attorneys can prove negligence as a major cause of your boating accident, you may be entitled to financial recovery for:
- Medical expenses (past and future)
- Lost wages (past and future)
- Pain and suffering
- Mental anguish
- Destruction of property
If a watercraft accident has resulted in the wrongful death of a loved one, you also may be entitled to funeral expenses, loss of benefits, loss of companionship, and other damages.
If you have lost someone you love unexpectedly due to someone else’s negligence or wrongful act we understand that pursuing a legal claim may be the last thing on your mind. At Novins, York & Jacobus, our attorneys are here to help you navigate the process during this uncertain and emotional time.
We will communicate with insurance companies and their defense teams so you can concentrate on the healing process. We have the experience to aggressively pursue your claim in order to obtain fair compensation for you and your family and ensure that those responsible are held fully accountable for their actions. We know that nothing can fully compensate you for the loss of a loved one. We are committed to doing what we can to lessen the immense emotional and financial burden you are facing.
We handle wrongful death claims resulting from a wide range of circumstances, including, but not limited to:
- Accidents on the Job
- Car Accidents
- Medical Malpractice
- Construction Site Accidents
- Truck Accidents
- Slip and Fall Accidents
We work closely with you after the death of a loved one, helping you to get full and fair compensation to cover the costs of medical bills, burial costs, and lost future earnings. Our goal is to ensure your future financial well being by attaining adequate compensation for your loss.
A lawsuit for wrongful death may be filed by the surviving relatives of a person killed by negligent or intentional actions of another. Eligible survivors include the decedent’s spouse and children, beneficiaries, and dependents may be able to collect compensation for a wide range of economic damages:
- Pain and suffering prior to the death
- Medical bills associated with the accident
- Funeral expenses
- Loss of earnings the deceased would have earned in their lifetime
- Loss of benefits, including pensions and health insurance
- Loss of inheritance
- Loss of companionship
While we know that no amount of money can compensate for the loss of a family member, we also recognize that there are significant financial issues associated with unexpected deaths. We are committed to providing compassionate representation that will enable our clients to concentrate on family and friends, while we focus on their legal matters.
Workers’ compensation does not always provide adequate reimbursement to construction accident victims. The attorneys at Novins, York & Jacobus can help give you a realistic assessment of your case using their extensive skill and expertise to ensure you receive the compensation you deserve. Our construction accident attorneys have helped clients recover lost wages, medical expenses and compensation for pain and suffering. Depending on the nature of the accident, employers, owners, agents and contractors are all subject to liability in construction accident cases
Suffering a bite from a dog can be a painful and traumatic event. Even if the victim loves dogs, or has a dog of their own, a vicious attack from an uncontrolled dangerous dog can leave physical and emotional scars.
Although there are laws that pertain specifically to dog bites, to recover pain and suffering damages, a victim will most likely have to file a lawsuit under what is called Premises Liability Act. Unlike the dog bite law, this action requires a higher level of proof of culpability of the dog owner.
This generally means that the dog owner was aware, or should have been aware, that their dog was dangerous and they failed to protect the victim against that danger. Finally, if the victim did not suffer a serious bodily injury, Premises Liability Act may be the only means of recovery for the victim of a dog bite.
Many of us ride an elevator everyday when we go to and from work. We take for granted that the ride will be uneventful. Although rare, when elevators malfunction and an accident occurs, the resulting injuries are often catastrophic. And most elevator accidents are entirely preventable through regular inspection and maintenance. The causes of elevator accidents may be complex. The elevator equipment may have malfunctioned. The property owner may have failed to ensure the elevator was properly maintained. Workers may have incorrectly installed or repaired the equipment.
At Novins, York & Jacobus, we are first and foremost experienced trial attorneys. We have substantial experience handling the types of claims that may arise from an elevator accident including negligence, premises liability, and complex products liability claims. Over the years we have built relationships with numerous consultants who assist us in investigating your claim to pin down who is responsible. We utilize state of the art technology to better tell your accident story in the courtroom. We also retain the best trial experts who help us present your case in the most effective way to a jury.
Slip & Fall Accidents
Slip and fall injuries result from the dangerous conditions of another’s person property. Such injuries may occur because accidents cause by damaged flooring, wet areas, poorly lighted steps, weather-related conditions, icy patches, sidewalk cracks, open manholes or a number of other unforeseen things. The fault of these accidents can be the property owner, a renter or construction company.
Determining liability in a slip and fall case can be very difficult. In general, an injured victim will have to demonstrate one of three things to have a legitimate liability claim in a slip and fall case:
- The owner of the property caused the dangerous condition that led to the slip and fall injury.
- The property owner knew about the dangerous condition and took no steps to correct the problem.
- Finally, the property owner should have known about the dangerous condition and taken the proper and reasonable steps to correct the problem.
Slip and fall accident cases take careful scrutiny. Some factors that the court takes into account are how long the dangerous situation had existed, whether the property owner’s attempts to fix the problem were reasonable and proper and if there was any comparative negligence on behalf of the injured party.
For example if the slip and fall occurred where the injured person was in an area of a supermarket or store that has heavy traffic, the store might have a greater duty than an area that receives little or no traffic from the public.
Defective Medical Products
In the past 10 years, more than 150 major medical devices have been recalled from the market because they posed significant risk of injury—and in some cases death—to the general public. We rely on medical products companies to create drugs and medical devices that are safe and reliable.
Unfortunately, even products that have been approved by the Food and Drug Administration (FDA) can have serious design flaws or manufacturing defects that result in the device failing. The consequences of a defective medical device injury can change your life. It’s even harder to deal with the emotional and financial fallout when the device failed because the manufacturer cut corners to maximize profits, or released a product they knew posed serious danger but decided these risks fell into an “acceptable failure” range. That’s when you should turn to the attorneys at Novins, York & Jacobus.
Our attorneys have handled a broad range a broad range of claims involving defective medical devices, helping people who have suffered damages caused by:
- Postoperative shoulder pain pumps, including Stryker pain pumps
- Norplant, a birth control device
- Kugel Mesh hernia patch
- Pain pump failures, including Medtronic devices
- Mentor ObTape polypropelene mesh
- Artificial hips
- Artificial joints
We have experience representing personal injury, wrongful death and malpractice victims. If you believe your safety was put at risk by a defective medical device, we have the experience and resources you need to bring forth an effective claim.
While many people do not think of farming as a dangerous occupation, statistics show that it is one of the most dangerous jobs. Farm accidents often result in catastrophic injuries, permanent disability or even death. If you or a loved one has been harmed in a farm accident due to the negligence of another, it is important to seek the advice of a personal injury attorney.
As an injured accident victim, you likely face lost income, medical bills, and other unforeseen expenses, not to mention the complex insurance claims that may be proceeding as well. In these complex and difficult circumstances, you need someone standing up for you. We are experienced in farm accident claims and will make sure the claim investigation is completed properly and completely, insurance benefits are coordinated smoothly, and that you as the accident victim, are fairly compensated for your injury.
Farm accident victims can recover damages for:
- Lost wages, future earnings and earning capacity
- Past, present and future medical bills
- Pain, suffering, loss of enjoyment of life, and interference with familial relationships
- Disfigurement and scarring
- Emotional distress
- Wrongful death
Swimming Pool Accidents
By law, owners and operators of swimming pools are required to follow a strict set of regulations regarding public safety. Many of the laws are in place specifically to protect children from injury and drowning.
If you or a member of your family were involved in an accident at a public or private swimming pool talk to a member of Novins, York & Jacobus. Our team combines decades of skill, knowledge and experience to help victims of negligence recover full and fair compensation for injuries and financial damages resulting from another party’s negligence or misconduct.
Swimming pool accidents can be the result of any or all of the following:
- Lack of supervision
- Diving board and water pool slide injuries
- Insufficient fencing
- Pool filter accidents
- Injuries caused by other pool guests, insufficient security
During a century of changing legal and economic conditions, the firm's commitment to integrity, responsiveness and client service has never wavered. That’s our goal, and that’s what we have been doing for more than 80 years.