Personal injury law (also referred to as tort law) protects those whose bodies or properties have been injured as a result of another individual, corporation, or government agency causing harm (the defendant). Personal injury claims often involve one individual (the plaintiff) filing suit against another party (either an individual, corporation, or government agency – which in this instance would be seen as tortious conduct.)
Law typically determines whether an act breaches a duty of care by acting unreasonably. Damages that a victim can seek compensation for include medical expenses, lost income and pain and suffering.
Product Liability
Everyday we rely on products ranging from toys for our children and automobile parts to medical devices; unfortunately, not all are completely safe; in cases of dangerous products that cause serious injuries or even deaths, victims can file a personal injury lawsuit against those responsible to seek compensation from them.
Product liability claims can be brought under negligence, strict liability and breach of warranty legal theories. For all these theories to succeed in court, three elements must exist: defective product which caused injury; the original intent for which it was sold (intentionality); and product being defective in some way that led to an incident or injury.
Product liability claims can be filed against multiple parties in the distribution chain, including manufacturers, component suppliers, wholesalers and retail stores. When filing this type of lawsuit it is vital that an experienced product liability lawyer be on your side.
Slip and Fall Accidents
Slip and fall accidents fall under the umbrella of premises liability in New York state, meaning property owners (landlords and businesses alike) have an obligation to keep their properties reasonably safe for visitors – with specific cases set out by law being exceptions. Our team can investigate your accident, identify all parties that might be at fault, and fight hard for compensation on your behalf.
In some instances, you may be eligible for compensatory damages that cover expenses like medical bills, lost wages and physical rehabilitation costs. Furthermore, our lawyers can pursue punitive damages if the person or business who caused your injuries acted with “wanton and willful disregard.” Under New York’s doctrine of comparative negligence if any portion of fault lies with you then any award awarded would be reduced accordingly; your lawyer can determine which elements of liability may apply and build your strongest case possible.
Medical Malpractice
Medical malpractice law encompasses professional negligence. At its core, medical malpractice cases revolve around whether a physician violated his or her duty of care to a patient as defined by community standards of practice; such standards of care can be gauged by comparing actions with how a reasonable healthcare professional would have responded in similar situations.
Malpractice cases can be complicated. An injured patient must show that a healthcare professional breached the standard of care before showing that it caused their injury. They may receive compensatory damages to cover economic losses such as lost income as well as noneconomic ones for pain and suffering.
Medical malpractice lawsuits in the US are generally handled in state trial courts and often use depositions, or oral statements taken under oath that are later recorded, to gather evidence against defendants.
Traumatic Brain Injury
Traumatic brain injuries (TBIs) occur when external forces strike against or impact upon the head, often leaving permanent and disabling effects behind. In personal injury claims involving TBIs, victims can file multiple suits against multiple responsible parties (known as cross-defendants).
To file a lawsuit against a defendant, it must first be proven that they failed to uphold their duty of care to the plaintiff and that this failure caused harm. Furthermore, it must also be established that this injury could have been anticipated and avoided with reasonable precaution.
Personal injury lawsuits may be filed based on negligence, strict liability or intentional harm. If the Defendant is found responsible, the Plaintiff can recover compensation for their damages; special damages include measurable costs such as medical expenses, lost wages and property damages while general damages may include less quantifiable awards such as lost income and vehicle repairs.