The Perry Law Firm LLC The Perry Law Firm LLC 2026-07-02T03:00:12Z https://www.theperrylawfirm.com/feed/atom/ WordPress /wp-content/uploads/sites/1502950/2022/07/cropped-PLC-icon-32x32.jpg On Behalf of The Perry Law Firm LLC <![CDATA[How do you know if you have a personal injury claim in New York?]]> https://www.theperrylawfirm.com/?p=49409 2026-07-02T03:00:12Z 2026-07-02T03:00:12Z Negligence is the foundation of most claims Most personal injury cases in New York rely on negligence. To bring a successful claim, you generally must show that another party acted carelessly and caused your injuries. A valid claim usually requires proof that:
  • The other party owed you a duty of care
  • They breached that duty through negligent actions or inaction
  • Their conduct directly caused your injury
  • You suffered measurable damages as a result
If you cannot connect these elements, you may not have a strong claim.

Common accidents that may lead to a claim

Personal injury claims often arise from everyday situations where someone fails to act responsibly. These may include:
  • Car, truck, or rideshare accidents
  • Slip and fall incidents on unsafe property
  • Bicycle or pedestrian accidents
  • Construction or workplace accidents involving third-party negligence
  • Medical malpractice cases
Each case depends on its specific facts, so even similar accidents can produce different legal outcomes.

What compensation may be available?

If you have a valid claim, New York law may allow you to recover compensation for both economic and non-economic losses, such as:
  • Medical expenses
  • Lost income
  • Future medical treatment or rehabilitation
  • Pain and suffering
  • Property damage
The value of your claim depends on the severity of your injuries and how they affect your daily life.

Why timing and evidence matter

New York law sets strict deadlines for filing personal injury claims. If you miss the statute of limitations, you may lose your right to recover compensation. Evidence also plays a critical role in proving your case, including:
  • Medical records
  • Accident reports
  • Photographs and video evidence
  • Witness statements
The sooner you gather evidence, the stronger your case may become.

Why legal guidance matters

It is not always easy to determine whether you have a valid personal injury claim. An experienced New York personal injury attorney can review the facts, explain your legal rights, and help you pursue the compensation you may recover under the law. If you suffered an injury in New York, legal guidance can help you understand your options and protect your rights from the beginning.  ]]> On Behalf of The Perry Law Firm LLC <![CDATA[What happens if you wake up during a surgery in New York?]]> https://www.theperrylawfirm.com/?p=49407 2026-05-18T12:50:02Z 2026-05-18T12:50:02Z What is anesthesia awareness? Anesthesia awareness usually occurs when a patient regains some level of consciousness during surgery. You may become aware of sounds, sensations or even pain while still on the operating table. After the procedure, mental and emotional effects such as anxiety and nightmares may appear. Thus, recognizing these signs is important because they can also play a key role in building your legal case.

Medical errors that cause anesthesia awareness

In many cases, anesthesia awareness results from a preventable mistake rather than an unavoidable complication. Here are some of the most common errors that can lead to this experience:
  • Inadequate monitoring: An anesthesiologist fails to properly keep track of your vital signs or how deeply you are under anesthesia during the procedure.
  • Incorrect dosage: The care team administers too little anesthesia medication, leaving you at risk of waking up during surgery.
  • Delayed response: Medical staff fail to act quickly enough once early signs of waking begin to appear.
If any of these situations apply to you, you may have a good reason to pursue a medical malpractice claim.

Steps to protect your legal rights

Now that you understand what may have gone wrong, the next step is knowing how to protect yourself legally. Here are the key steps to take after experiencing anesthesia awareness:
  • Secure your records: Request complete copies of your operative reports, anesthesia records and hospital charts as these documents lay the groundwork for your case.
  • Write a detailed narrative: Write down everything you remember, including sounds, pain and any conversations you overheard, as well as when mental health symptoms like nightmares or anxiety began.
  • Seek psychiatric care: A mental health professional can provide a formal diagnosis that serves as key evidence, since proving mental suffering plays a major role in these cases.
  • Act within the deadline: Under New York state laws, you have 2 years and 6 months from your surgery date to file a medical malpractice claim.
  • Consult a qualified attorney: An experienced medical malpractice attorney can work with medical experts to determine whether your awareness resulted from a preventable error.
Taking these steps puts you in the strongest possible position to pursue justice. With the right support, you can move forward with confidence.

You deserve awareness and peace of mind

Waking up during surgery is a serious breach of patient safety and your experience deserves serious attention. When medical professionals fail to meet that standard, the law gives you a path toward accountability and healing. Fortunately, you do not have to figure out that path on your own. The right guidance, whether medical, psychological or legal, can help you better understand what happened and what steps you can take next.]]> On Behalf of The Perry Law Firm LLC <![CDATA[Can I sue a property owner for toxic mold exposure?]]> https://www.theperrylawfirm.com/?p=49395 2026-03-24T08:30:15Z 2026-03-24T08:30:15Z Toxic mold does not appear overnight. It develops from persistent moisture problems, unrepaired leaks, and inadequate ventilation — all issues that property owners are obligated to address. If you have become ill due to mold exposure in a building someone else controls, you have the right to pursue legal action.

Legal grounds for suing property owners

Toxic mold exposure cases commonly fall under premises liability law, which holds property owners responsible for injuries that occur on their property due to unsafe conditions. As a tenant or visitor, you depend on owners to maintain safe living and working environments. This responsibility typically includes promptly fixing leaks, addressing water damage and preventing fungal growth. New York law requires landlords to maintain your rental property in a habitable condition under the warranty of habitability. Pennsylvania enforces similar standards through its landlord-tenant laws to protect you from environmental hazards. Both states recognize that toxic mold can make properties uninhabitable and cause serious injuries.

Essential proof to build a strong claim

When pursuing a premises liability claim, you must show that the property owner's negligence directly caused your medical condition. Critical evidence typically includes:
  • Medical records that diagnose a link between your symptoms and mold
  • Professional mold tests showing the specific type of mold present
  • Copies of requests you sent to the owner asking for repairs
  • Clear photos of the mold growth and any water damage
  • Statements from witnesses who saw the property's condition
  • Expert reports that confirm the mold caused your medical issues
The property owner's knowledge matters significantly. Even if you never filed a formal complaint, owners must recognize obvious signs of water intrusion, such as water stains, musty odors or visible mold patches. If you reported the problem and the owner chose to ignore you, your case for compensation becomes much stronger.

Compensation available in mold cases

Toxic mold exposure can result in significant damages. Medical expenses may cover emergency room visits, specialist consultations, prescription medications and ongoing treatment costs. You can also recover lost wages if your illness forced you to miss work or reduced your earning capacity. Non-economic damages address pain and suffering and diminished quality of life. In extreme cases where owners knowingly ignored dangerous mold conditions, courts may award punitive damages to punish the negligent behavior.

Deadline for filing a premises liability claim

Acting promptly is crucial because every state imposes a strict time limit on personal injury lawsuits. In New York, you generally have three years from the date of your injury to take legal action. Pennsylvania law is even shorter, giving you only a two-year window to start your claim. If you miss these deadlines, you lose your right to seek compensation forever, regardless of the severity of your illness. Mold cases require a lot of time for medical reviews and environmental testing. It is best to initiate the process as soon as you suspect a problem to protect your rights.]]> On Behalf of The Perry Law Firm LLC <![CDATA[3 improper ways of using forceps that could cause birth injuries]]> https://www.theperrylawfirm.com/?p=49392 2026-01-16T16:19:47Z 2026-01-16T16:19:47Z Medical tools save lives when doctors use them correctly. However, improper use of forceps during delivery can seriously harm your newborn. Thus, understanding how these mistakes happen can help you recognize potential injuries early. In fact, one of the most common errors involves applying excessive force during delivery.

1. Excessive use of force or pressure

When doctors apply excessive pressure with forceps, they can damage your baby's delicate skull. This force can cause fractures and bleeding inside the brain. These injuries often lead to permanent brain damage, seizures or cerebral palsy. Your baby may also experience developmental delays. Beyond skull injuries, forceps pressure can also affect your baby's nerves. It can stretch or tear nerves in your baby's shoulder and arm area. This damage, called brachial plexus injury, can result in weakness or paralysis. Additionally, you might also notice that your baby cannot move one arm properly. This condition is known as Erb's palsy. While excessive force creates serious risks, the placement of forceps matters just as much.

2. Incorrect placement of forceps

Beyond using too much force, incorrect positioning creates its own dangers. Misplaced forceps can cut or bruise your baby's face. These injuries may damage facial nerves, causing temporary or permanent facial paralysis. Yet the risks extend beyond facial injuries alone. Your baby's eyes are particularly vulnerable to this misplacement. Forceps positioned near the eyes can cause serious trauma and vision problems. Additionally, incorrect placement increases the risk of other facial injuries that may require treatment. However, improper forceps use does not stop at positioning errors.

3. Forceful forceps rotations

Doctors sometimes need to rotate babies during child birth. However, forceful rotations with forceps can damage your baby’s spinal cord. This injury can have lifelong consequences for your child's mobility and development. The complications from aggressive rotation extend to the brain as well. Aggressive rotations also cause brain bleeds and swelling within the skull. These conditions require immediate medical attention and can lead to serious complications. Thus, knowing these risks makes early detection crucial for your baby's health.

Check your baby for any injuries

If you suspect improper forceps use during your delivery, schedule a thorough checkup for your baby. Early detection of birth injuries protects your child from long-term effects. A medical professional can identify problems you might not notice immediately. You deserve answers if medical negligence harmed your baby. A birth injury attorney can help you understand your legal options and protect your family's future.]]> On Behalf of The Perry Law Firm LLC <![CDATA[What shapes the deadline for a wrongful death claim in New York?]]> https://www.theperrylawfirm.com/?p=49391 2025-11-28T15:56:47Z 2025-11-28T15:56:47Z Losing someone because of another person's careless actions is painful. Because grief takes so much attention, families often overlook key timelines for filing a wrongful death claim. In New York, the law sets strict deadlines for filing a wrongful death claim. When families understand these deadlines, they can better protect their chance to seek answers.

How New York's filing deadline works

In New York, families must file most wrongful death claims within two years of the person's death. This rule is the statute of limitations, and it sets the final date a family can bring a case to court.  Different situations can change the timing. These include:
  • Claims involving public agencies: When a city, town or public group may be at fault, families must file a notice of claim. Families usually need to file this notice within 90 days. This period starts after the court appoints an Executor or Administrator.
  • Medical malpractice: If it causes death, the two-year deadline still applies. New York does not use a discovery rule. Thus, the clock starts on the day the person passes away, even if the family learns about the mistake later.
If families miss these deadlines, they lose the chance to bring a case.

What can change the timeline

The two-year deadline stays firm, and investigations or delays rarely change it. Several factors can affect how the timeline works. This include:
  • Estate representative delays: The clock keeps running while the court chooses an Administrator.
  • Claims involving children: If a child is the only beneficiary, the law may allow more time. But if any adult also receives benefits, the standard two-year deadline stays in place.
Every case has different facts. Therefore, families need to review the details to understand their true timeline carefully.

Why early guidance can help

Wrongful death cases involve many rules, and families may not understand how these rules affect their timeline. It may help if they speak with an attorney. They may be able to gain clear information about the deadlines that apply to their situation. This steady reassurance can ease some of the stress and help families make thoughtful, informed choices.]]> On Behalf of The Perry Law Firm LLC <![CDATA[5 fall driving tips for NY and PA drivers]]> https://www.theperrylawfirm.com/?p=49390 2025-09-17T08:34:36Z 2025-09-17T08:34:36Z 1. Adjust your following distance Wet leaves can be as slick as ice and reduce traction. Bump your following distance to at least four seconds (more at higher speeds or in heavy rain or fog). Both New York and Pennsylvania require drivers to operate at a speed that is reasonable and prudent for current conditions, even if it is below the posted limit. Courts frequently presume the rear driver is responsible in rear-end crashes unless there is strong evidence otherwise.

2. Prepare for earlier darkness and glare

Shorter daylight means more dawn/dusk/night driving, when glare and reduced visibility increase risk. Clean your windshield (inside and out), keep washer fluid topped off with a de-icer blend and replace worn wiper blades and failing headlight bulbs. New York requires headlights from one-half hour after sunset to one-half hour before sunrise, and whenever visibility is less than 1,000 feet. Pennsylvania has similar requirements and also mandates headlights during precipitation or whenever continuous use of windshield wipers is required due to precipitation.

3. Watch for wildlife activity

Deer activity peaks during fall months, particularly during dawn and dusk hours. Both states see significant increases in deer-related accidents during October and November. Continuously scan the roadsides and reduce speed when traveling in known wildlife-crossing areas.

4. Check your tires

Cooler temperatures can affect tire pressure. For every 10-degree Fahrenheit drop, tire pressure can decrease by about one to two pounds per square inch. Properly inflated tires improve handling and braking and help prevent blowouts. Check your tire pressure weekly. Ensure your tread depth is adequate for wet conditions.

5. Plan for changing weather

Fall weather can change rapidly. A sunny morning can turn into a rainy afternoon, so keep an eye on weather forecasts. Be ready for rain, fog or even early snow. Adjust your driving speed and following distance accordingly. Give yourself more time to react to unexpected situations.

Legal options for injured drivers

Accidents happen despite your best efforts to drive safely. When another driver's negligence causes your injuries, you have legal rights under both New York and Pennsylvania law. These states allow injured drivers to seek compensation for medical expenses, lost wages and pain and suffering. An experienced personal injury attorney can evaluate your case and protect your rights. Do not let insurance companies minimize your claim or pressure you to accept an inadequate settlement.]]> On Behalf of The Perry Law Firm LLC <![CDATA[Injured by a falling object? Know your legal rights]]> https://www.theperrylawfirm.com/?p=49388 2025-08-04T14:44:35Z 2025-08-04T14:44:35Z Why falling object accidents happen Most of these injuries are preventable. In retail stores, it’s common to see merchandise stacked on high shelves. However, when items aren’t secured properly or displays are overloaded, products can fall and strike unsuspecting customers. On construction sites, the dangers multiply. Tools, materials and debris falling from scaffolding or ladders can cause severe injuries, even death, especially if the right safety systems aren’t in place.

The most common causes of injury

Falling object cases often point back to poor safety practices. Here are a few of the most common reasons these accidents occur:
  • Improper storage or stacking of merchandise
  • Lack of safety nets or protective barriers
  • Failure to warn visitors or workers of overhead risks
  • Inadequate employee training on safety procedures
In legal terms, these all come down to negligence. If a store owner, contractor or property manager failed to act with reasonable care, they may be held liable for your injuries.

Your legal rights under New York injury laws

In New York, property owners and employers have a duty to maintain safe conditions. For construction workers, Labor Law Section 240 (the “Scaffold Law”) provides strong protections when injuries are caused by falling objects. These laws are designed to hold those in charge accountable and to help injured individuals recover the costs of medical care, lost income and more.

Protect your rights after an injury

If you’ve been hurt by a falling object, you don’t have to face the aftermath alone. Seeking guidance from a personal injury attorney might prove to be enlightening. They can help review the facts, determine who may be responsible and fight for the compensation you deserve. Time limits apply to these types of claims, so it’s important to act quickly. The sooner you speak with a lawyer, the sooner you can begin to move forward.]]> On Behalf of The Perry Law Firm LLC <![CDATA[What happens if a birth injury is not found until much later?]]> https://www.theperrylawfirm.com/?p=49386 2025-06-05T15:56:47Z 2025-06-05T15:56:47Z Standard filing periods and the discovery exception New York’s Civil Practice Law and Rules normally give 2 years and 6 months for medical-malpractice claims. However, the clock pauses for infants until they turn 18, capped at 10 additional years. A tighter discovery exception governs cases where a surgical item is inadvertently left inside the patient. Otherwise, parents must act once they reasonably should have noticed the injury’s impact. Years after the fact, investigators piece together prenatal charts, fetal-monitor strips and neonatal imaging. Pediatric neurologists compare those materials to current MRIs to see whether oxygen deprivation or nerve traction occurred at birth. Because eyewitness recollections blur, expert testimony often bridges gaps.

Practical hurdles for families

The first is record retention. New York hospitals must keep maternity charts for at least 6 years, yet fetal-monitor strips can be discarded sooner. There are also insurance limits. Policies in effect at delivery may have lapsed, which creates coverage fights years later. Finally, there is the emotional toll. Parents relive a joyous event in painful detail while seeking therapies, adaptive equipment and school accommodations. Uncovering a birth injury years later does not block a lawsuit entirely, yet it does make the legal road more restricted. Timely developmental screenings, secure storage of neonatal records and early consultation with pediatric specialists help families pinpoint when concerns first arose. These are critical facts in any future timeline. By understanding New York’s unique limitation periods and evidentiary demands, parents can better navigate the intersection of medicine, documents and deadlines when a birth injury finally comes into focus.]]> On Behalf of The Perry Law Firm LLC <![CDATA[Can doctors face liability for your unreported symptoms?]]> https://www.theperrylawfirm.com/?p=49385 2025-05-23T08:12:51Z 2025-05-23T08:12:51Z Your part in the diagnosis Doctors often depend on the information you provide to make accurate diagnoses. You play an active role by sharing all your health concerns and symptoms as completely as possible. Generally, a doctor cannot be held liable for failing to diagnose a condition if the failure resulted directly from the patient's failure to report key symptoms. They cannot guess what you do not tell them. Clear communication is the foundation of good medical care. This initial point underscores the importance of being thorough with your doctor. Your accurate reporting assists them in their duty.

When a doctor might still be liable

There are situations where a doctor might still hold responsibility, even with unreported symptoms. For instance, if symptoms you did report should have prompted the doctor to conduct tests or ask further questions that would have uncovered the unreported issue, liability could exist. Per the standard of care, a doctor may need to look further than the initial information provided if additional indicators suggest a potential problem. These scenarios often require a detailed review of medical records and standards. It becomes a question of what a reasonably skilled doctor would have done in a similar situation.

Understanding state laws

State laws significantly influence medical malpractice cases:
  • New York: A concept called "pure comparative negligence" applies. This means if you were partly at fault for not reporting a symptom, your compensation might be reduced by your percentage of fault. You could still recover damages.
  • Pennsylvania: Uses a "modified comparative negligence" rule. If a court finds you 51% or more at fault for the harm (for example, due to not reporting a critical symptom), you cannot recover any damages.
It is important for you to understand how these principles apply to your unique situation, as the details of each case can influence the outcomes.

When seeking legal help

Medical malpractice cases involving unreported symptoms require specialized legal knowledge. A trial-tested medical malpractice attorney can examine your case details and medical records and determine if liability exists despite unreported symptoms. This step is essential for obtaining the financial support necessary for your recovery.]]> On Behalf of The Perry Law Firm LLC <![CDATA[Is your doctor lying about the medical care you received?]]> https://www.theperrylawfirm.com/?p=49384 2025-05-13T20:43:44Z 2025-05-13T20:43:44Z medical malpractice claim might be on the horizon, you’re going to need evidence to support your position. One way to do that is to demonstrate that your doctor is lying about what happened to you.

How can you prove that your doctor lied to you?

This can be tricky to do, but it’s not impossible. And if you can catch your doctor in a lie, then you’ll have a strong argument that their falsehoods were told to protect themselves from liability. With that in mind, here are some steps you might be able to take to show that your doctor has been dishonest about what’s happened to you:
  • Seek a second opinion to see if your first doctor’s explanation for your injuries is consistent with the second doctor’s opinion. If it’s not, then you’ll have an expert witness who can testify to problems with your first doctor’s assertions.
  • Review your medical records to see if you can find inconsistencies between what was documented and what your doctor stated.
  • Reach out to your doctor to see if they’ll discuss the matter with you. If they don’t want to talk to you, then they’re probably worried that they’ve done something wrong.
  • Talk to other hospital employees who contributed to your care to see if they can speak to what really happened to you.

Hold negligent medical professionals accountable for the harm they’ve caused you

Medical malpractice can cause lifelong harm. To find accountability, you have to act. So, take the time necessary to analyze the facts of your case and to consider what you could present as evidence to support a medical malpractice claim. An attorney who is experienced in this area of the law can help you craft your strategy so that you know the best way to maximize your chances of winning your case, finding accountability and securing the compensation you deserve.]]>