What is personal injury?
In legal terms, personal injury refers to any harm upon the body or mind of an individual caused by the unreasonable action or negligence of another party. The injurer may be an individual, e.g. a reckless driver, or a corporate body such as one that manufactures defective products. If their action (or the defective product) causes harm to you, then you can sue the injurer for damages (monetary compensation you would receive from the injurer) to make up for the pains and suffering their actions have put you through.
Personal injury bothers on tort law such as negligence, battery and assault. A claim can only be filed when there is obvious injury to the person, and this injury must be proven to be caused by the accused before damages can be awarded. Personal injury cases are not always easy to prove especially when the extent of the accused’s role in the injury is obscure. It is therefore imperative you seek legal representation from a well-seasoned personal injury attorney near you.
We can help you
We provide legal representation to clients in New York who have suffered harm and so wish to be duly compensated by those responsible for the harm. You may have lost a limb or incurred as little as a fracture from an accident of which the other party is to blame. Such pains can be traumatic. We understand the pains that you must be going through and although a lost body part cannot regrow, we would go to the far reaches of the law to ensure that the disadvantage you have been put into is made up for in form of monetary compensation. If you live in The Bronx 10457 and in need of a personal injury attorney, kindly call our law office.
Types of personal injury cases we handle
It is worthy of note that not all injuries sustained fall under personal injury. If you were fully to blame for the injury or the injury happened purely accidentally of which no one else is to blame, then a personal injury case cannot hold. Typically, any incident can lead to a personal injury case, but let’s take look at the most common cases.
Automobile accidents account for most of the personal injury cases in the US. Thousands of accidents occur every day and a huge chunk of this number is caused by the unreasonable action of a driver—probably the traffic rules were not followed. If you were on the receiving end of a driver’s improper action, New York law of “no-fault” allows that your injury be covered by the driver’s insurance policy if the injury is minor. For serious injuries involving loss of life or limb, miscarriage, fracture, temporal or permanent disability resulting from the accident, a personal injury lawsuit may then be filed.
Some buildings, especially commercial and industrial buildings, have the legal obligation to keep their premises and floors safe enough to avoid customers and workers getting injured in the facility. Injuries from the following kinds of accidents may fall under personal injury:
- Elevator accidents
- Slip and falls
- Collapse due to structural defect or excess loading
- Staircase accidents, amongst others.
There is medical malpractice when a medical practitioner gives substandard treatment which leads to the patient getting harmed. This type of personal injury is most often difficult to prove in court as a patient’s condition may deteriorate while under the care of a physician without the physician being at fault. It can only be called personal injury when they are at fault. This is one reason why it is important to consult an experienced personal injury to determine if your case truly passes as a personal injury.
Most personal injury cases are accidental but batteries are also categorized under personal injury cases. Here, the action is carried out with the intent of causing injury. The injured party may seek compensation from the injurer under civil law and the injurer may also be indicted for criminal offense by the state.
There is product liability when a defective product causes harm to the user of which it can be proven that the manufacturer was aware of the defect but distributed the product regardless. This clearly shows that the manufacturer has little or no regard for the well-being of the users; hence, they have breached their legal duty of care and are liable to pay damages for every injury caused.
We have represented and obtained millions of dollars as damages for clients who have been involved in construction accidents. Our clients have included construction workers exposed to harmful substances on site, involved in electrocution, slips and falls, accidents due to lack of PPE, and lots more. If warning signs are not put close to a construction site—such as an ongoing road project—and you end up sustaining serious injuries, you may sue the construction company for damages.
Get help by calling us today
Whatever your case may be, it lies on us to prove to the court the cause of your injuries and how much compensation you deserve. Contact us today to speak with a personal injury attorney 10453.