New York Personal Injury Lawyer
The field of personal injury law may be quite complex, but with a basic understanding of the key principles at work in this area, one can get a clear picture of how these cases work and what rights one may have if injured by another's negligence or wrongdoing.
As New York personal injury attorneys, our goal at Napoli Shkolnik PLLC is to represent the rights of the injured and wronged in order to help them not only hold the at-fault parties accountable but get the financial and medical care they need to rebuild and move on with their lives. One of the ways we help is by providing easy-to-understand information about personal injury law on this website. In addition to reviewing the information seen here, we welcome you to call our offices for a free consultation at any time.
What is a personal injury?
First and foremost, we should define "personal injury." A personal injury may be described as a physical or psychological injury caused by another's intentional or unintentional conduct. Personal injuries are covered by tort law, which applies to wrongful acts or infringements of right for which relief may be obtained in the form of damages, such as financial compensation, or an injunction. A "tort" is a negligent or intentional civil wrong, other than a breach of contract. Intentional and unintentional torts may give rise to legal action, depending on the circumstances surrounding the harm caused.
Tort or personal injury lawsuits are heard in civil court. In these types of lawsuits, the plaintiff (injured party or representative) seeks to hold the defendant (party that allegedly caused harm) accountable for the harm caused. Though the specific issues to be proven and burden of proof may vary depending on the case and jurisdiction, the plaintiff must generally prove that:
- The defendant owed a duty of care to the plaintiff;
- That duty of care was breached by the defendant;
- The plaintiff suffered a quantifiable or recognizable injury; and
- The injury was caused by the defendant's breach of care.
There are some exceptions, such as in cases where a lawsuit is brought for an intentional act (such as sexual assault or a violent crime) or in product liability lawsuits, where the principle of strict liability may apply. It is important to discuss your particular case with an injury lawyer who can advise you of the exact issues at hand.
Financial Compensation for Personal Injury Lawsuits
When a person suffers harm because of another's wrongful act, even if this act was unintentional, that person may be able to file a civil lawsuit against the allegedly at-fault party to seek monetary damages that will essentially compensate the victim for the harm suffered. Most of the time, these damages are paid to help the victim rebuild to as similar a position as he or she was in before the harm was done. Punitive damages may be awarded in some cases, however, to punish and make an example of the at-fault party.
Financial compensation from a personal injury lawsuit may include money for medical expenses, future or ongoing medical care, lost earnings, loss of potential earnings, pain, suffering, property damage, other financial losses and emotional trauma. The type and amount of compensation awarded in such a case will vary depending on the extent of injury or loss experienced by the victim.
Interested in learning more?
You can find out more from our New York personal injury attorneys by visiting other helpful pages in this section of our site, including:
General Negligence Find out what is meant by "negligence" and how to know whether your injuries may be attributed to another's failure to act with proper care.
Personal Injury Settlements The vast majority of personal injury lawsuits are settled out of court, meaning the defendant and plaintiff reach an agreement on their own. Learn more about these settlements.
Your Rights Understanding your rights as they apply to tort law can help you determine whether you may have a case in the first place and what you should do if you've been injured.
Personal Injury FAQ Get answers to common questions about personal injury law, from our skilled injury attorneys.
Contact a New York Injury Attorney
If you still have questions or are ready to talk about your case with a legal professional who can provide insight based on your unique needs and concerns, now is the time to schedule your free case review with our New York personal injury firm. We have multiple office locations throughout the state and across the country to serve clients nationwide. Contact Napoli Shkolnik today!