Personal Injury Law
When someone is physically or emotionally injured or their personal property is damaged, it is considered in law to be a "personal injury." The laws covering personal injury allow the injured party to receive compensation for damages caused by someone else's carelessness, negligence, recklessness, or intentional actions. Personal injury law is also called "tort" law. States and the Federal government have enacted tort laws for the protection of your rights. Tort actions have three elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and damage must occur because of that breach. When all three elements take place, a personal injury, or tort, has occurred.
The laws of our society place demands on all citizens not to harm others. This means that not only should people be safe from harm, but their possessions also. Whenever someone else harms you or something that belongs to you, they become liable to answer to the tort laws governing the situation. Liability can be caused by intentional acts, or torts, or by negligence. An intentional act is one designed to cause harm or injury. The person committing the act wants to harm you. A negligent act occurs when someone fails to take appropriate action and you are harmed as a result of that failure. For instance, if an angry person throws a brick through your car window, that is an intentional tort (it may also be a criminal action). On the other hand, if a careless driver runs into your car, that is a negligence tort. In the first case, the defendant wanted to cause an injury; in the second case, the defendant did not want to injure you but failed to take the appropriate action to prevent injury. In both cases, the defendant had a duty not to harm you or your property, because our laws and society create that duty. The duty was breached by the intentional or negligent actions of the defendant, and damage to your person or property resulted.
Another form of person injury law covers "strict liability." Strict liability means that there is responsibility whether or not negligence was involved. This is usually applied to situations which are in themselves abnormally or inherently dangerous. This concept also occurs in the area of product liability. Manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. If someone is injured by a product, under the terms of strict liability they do not have to prove intent or negligence, only that the product was defective through no fault of their own and that harm was done.
Once a personal injury has occurred, the defendant has a liability to make good the damage done. "Damages" is the term for whatever is owed you to compensate you for your loss. Damages can be agreed upon by you and the injuring party, through insurance settlements, or by other means. But often the damages offered to you may not fully compensate you for your loss. This is especially true if you have suffered physical injury and have not been able to work. Personal injury law is the mechanism for determining who is in the wrong, or in other words, who is liable, and what the liable person should have to pay for the damage caused.
If you are the victim of a personal injury, there are several things you can do to help yourself. First of all, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. If you believe your injury was caused by the carelessness or intentional act of another, you may want to contact an attorney to discuss this. You should call as soon as it is convenient to do so and avoid discussing the matter with strangers and insurance representatives who are not from your own insurance company. You should be cooperative with the police, your own treating physicians, and your own insurance company. Most personal injury cases are covered by a statute of limitations, which means that you only have a certain period of time in which you can file a lawsuit.
If you or a loved one has suffered an injury, illness or death, that seems to have been someone else's fault, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. So please call right away to ensure that you do not waive your right to possible compensation.
Links on the Web
 NYT > Legal Profession - Search for '"personal injury law"'News about the legal profession, including commentary and archival articles published in The New York Times. |
| Wed, 19 May 2010 00:00:00 -0400 Law Firm Is Big Donor to Attorney General Hopeful Weitz & Luxenberg is pouring money into the campaign of Kathleen M. Rice, the Nassau County district attorney and a Democrat. Click here to read this Personal Injury Law news article. |
| Mon, 08 Feb 2010 00:00:00 -0500 The Privilege to Serve Legislators should be required to disclose the names of their legal clients. That way New York?s voters can be sure that all officials are putting the state?s interests first. Click here to read this Personal Injury Law news article. |
| Tue, 19 Jun 2007 00:00:00 -0400 Getting Law Firms to Like Commercials Personal Injury Law news and personal injury law information. Click here to read this Personal Injury Law news article. |
| Tue, 04 Nov 2003 00:00:00 -0500 Lawyers' Ads Seeking Clients In Ferry Crash Many lawyers are advertising for clients among passengers of ill-fated Staten Island ferry that crashed last month; lawyers' television and newspaper ads seemingly ignore New York State Bar Assn advisory reminding them to refrain from soliciting work or pressuring survivors to sue; about 40 survivors have signaled their intention to sue city; together they seek payout of $1.3 billion; some claims are for wrongful death or severe injuries, but some are seeking millions of dollars for loss of sle... Click here to read this Personal Injury Law news article. |
| Sun, 09 Jun 2002 00:00:00 -0400 A Personal-Injury Law Firm Is Shrunken by Sept. 11 Fallout Senior partners of Schneider, Kleinick, Weitz, Damashek & Shoot, pre-eminent personal-injury law firm, have given away many cases, let much of their staff go and quietly transformed big practice into small boutique operation in wake of Sept 11 attacks; restructuring of firm, whose office is few blocks from where World Trade Center stood, shows how attacks are still being felt in local economy; partner Harvey Weitz comments on plans, interview; photo Click here to read this Personal Injury Law news article. |
| Sun, 11 Feb 2001 00:00:00 -0500 IN BUSINESS; White Plains Lawyer Wins Bar Association Award New York State Bar Assn names Lucille Fontana, lawyer at Clark Gagliardi & Miller of White Plains, NY, as winner of attorney professionalism award; logo Click here to read this Personal Injury Law news article. |
