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. |
| Tuesday 08th of July 2008 10:40:01 PM 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. |
| Tuesday 08th of July 2008 10:40:01 PM In Court, He's Judge, Lawyer and Director Justice Ira Gammerman of the New York Supreme Court in Manhattan is a one-stop vending machine of justice. Click here to read this Personal Injury Law news article. |
| Tuesday 08th of July 2008 10:40:01 PM Lawyers Ads Seeking Clients in Ferry Crash Lawyers took out television and newspaper advertisements aimed at recruiting the ill-fated ferrys roughly 1,000 passengers as clients. Click here to read this Personal Injury Law news article. |
| Tuesday 08th of July 2008 10:40:01 PM A Personal-Injury Law Firm Is Shrunken by Sept. 11 Fallout One of New York's pre-eminent personal-injury law firms have given away many cases, let much of their staff go and quietly transformed their big practice into a small boutique operation. Click here to read this Personal Injury Law news article. |
| Tuesday 08th of July 2008 10:40:01 PM 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. |
| Tuesday 08th of July 2008 10:40:01 PM NEIGHBORHOOD REPORT: NEW YORK UP CLOSE; She's 'Margarita,' and 12,000 Latinos Call Her Yearly Profile of Chastity Gutierrez, receptionist who is latest in line of 'Margaritas' that New York City personal-injury law firm Trolman Glaser & Lichtman uses in television, radio and subway ads to attract Spanish-language clients; photo Click here to read this Personal Injury Law news article. |
