Common Types of Personal Injury in New York

Personal injury law is generally a tort law which allows persons who have sustained bodily or mental injuries due to someone else’s inappropriate actions to seek monetary compensation for the pains they are made to suffer. Most personal injury cases develop from accidents of which one partly acted negligent. However, intentional torts — assault and batteries — in which the victim sustains an injury also pass as personal injury.

Different kinds of injury and different kinds of accidents can lead to personal injury claims but it is also important to understand that it is not just any kind of injury or accident. This article aims at explicitly describing common personal injury cases and how to identify when you have a claim. If you are currently a victim, quickly consult a personal injury lawyer near you. If you live around New York, our team of expert attorneys can help you. Give us a call.

Common types of personal injury cases in New York

Car accidents

The vast majority of personal injury cases in the US stem from car accidents. Lots of road accidents happen daily and most times it is because a reckless driver did not follow some traffic rule. For instance, a driver is expected to look behind before reversing to avoid hitting a car or pedestrian behind. Drivers are also expected to go at safe speeds and not drunk-drive. If they flout these rules, it means they had less regard for the safety of themselves and others and would be held liable for any accident they cause.

Howbeit, it is important to note that New York is a no-fault state in that the driver would only have to use their car insurance to foot your bills if your injuries are minor. In serious cases involving loss of life or a body part or any other physiological damage, a personal injury claim becomes legitimate.

Slips and falls

Property owners hold the civil obligation to keep their premises and facilities reasonably safe for those people who use the property. This is a duty of care, a factor which must be present in every personal injury case. If they fail to do so, probably they neglected removing water or snow from the premises, and so you slip, fall amd broke a bone, you already have a personal injury lawsuit against the property owner.

Notwithstanding, not every injury occurring on a property may pass as personal injury. The duty of care varies at each given situation and is not spelled out in the constitution. But there are certain laws in the state guiding these things.

Construction site accidents

Say, a construction company failed to put warning signs on the road while carrying out a road work. Being unaware, you drive at full speed onto the unfinished area and so sustain injuries from the accident that ensues. The construction company can be sued for their negligence (not placing warning signs). It could be that the company failed to give personal protective equipment to the laborers, or that they were not warned about the hazards of the job.

Medical malpractice

There is medical malpractice when a physician or any medical practitioner gives substandard healthcare, and the patient is injured as a result. Howbeit, realizing your health is worsening despite your treatment does not always mean you are receiving substandard treatment.

Product liability

Manufacturers have a duty to inform the public and discontinue production when they realize the defect in their product. If despite their knowledge they still carry out distribution and the defective product injures a user, the user may file a case against the company. It is important discussing with a personal injury lawyer near you to know where you stand.

Dog bites

In dog bites cases in New York, the victim must prove that the dog has a history of aggression towards people and that the owner was aware of this but still allowed freedom to the dog. The compensation may be $1,000 or more and should cover the medical bills.

Assault and Batteries

Battery is a type of tort where one party physically attacks another. Here, the factor is not negligence but intention. The injurer’s purpose was to injure and this they succeeded in doing. Such a person may be indicted for a criminal offense. By New York law, assaults are defined as actual attacks rather than threats, and qualify as personal injury.

Knowing when you have a personal injury claim

If you had sustained serious injuries and believe your injuries were a direct or indirect result of someone’s unreasonable action or inaction, then you have a personal injury claim and are entitled to compensation. The amount would be to proportional to the injuries and liabilities you have been put into.