Personal injury law is a field of law with a long and complicated history. The “injury” in personal injury is anything that has caused physical or mental harm to the victim, such as an automobile accident, an assault or cases involving defective products.
Underlying tort and personal injury law is the idea that there can be an actionable legal wrong in which a person has suffered an injury. Several types of damages may give rise to tort or personal injury claims, including medical bills, physical pain, mental anguish, lost wages, and loss of consortium.
One of the purposes of tort law is to provide compensation to those injured by the acts of other persons as opposed to contract law, which addresses compensation for breach of promise. For example, if a car accident occurs and as a result of the accident, a person loses a limb or incurs severe brain damage, that person may have an action in tort against the driver who caused the collision.
Motor vehicle accidents are a prevalent form of personal injury. In these cases, as well as with other types of accidents, the injured person may seek compensation for medical bills and physical pain and suffering. Depending on the extent of the injuries, this category can also include mental anguish and lost wages. Generally, when an accident occurs, it is essential to check with the police first before going to the doctor, especially if there is any chance that you will be filing a claim against the person or company responsible for causing your taxi accident in NY.
Premises liability usually involves slip and fall accidents and includes construction site accidents and animal attacks. In a slip and fall case, the injured person may be compensated for medical bills and physical pain and suffering, along with mental anguish in some cases. Additionally, if the accident was due to a dangerous or hazardous condition on the property of another party, that party can be held liable for damages caused by the hazardous condition.
Construction Site Accidents
If an injury occurs in a construction site accident, the injured person may be compensated for medical bills, lost wages, physical pain, suffering, and mental anguish. The owner of the property is usually considered to be the person responsible if they knew or should have known that a dangerous condition existed on their property.
Dram Shop (Alcohol) Liability
Dram shop liability means that an injured person can recover money damages from a bar or liquor store owner who sold alcohol to the injured person and then allowed alcohol to be consumed. This type of injury occurs in cases involving alcohol overdose accidents, drunk driving accidents and intoxication injuries. In all instances, the amount of compensation is based on how much alcohol the injured person took in and what kind of injury they suffered as a result.
Medical malpractice cases usually involve a medical doctor who causes an injury to a patient through an error in diagnosis or treatment. This type of injury usually results in a significant medical bill as well as physical pain and suffering, mental anguish, lost wages, and potential emotional distress.
Product liability involves an injury that occurs as a result of defective or dangerous product use. Damage to property, loss of income, and physical pain and suffering are examples of claim types in this category.
Police misconduct usually involves an injury at the hands of a police officer during an arrest or other law enforcement action. Damages may include physical pain, mental anguish and lost wages.
Wrongful death is a claim that can be brought by the family of an individual who has died as a result of the criminal act of another person. An example would be if a car accident caused the death of an older man, his family could file a wrongful death action against the driver at fault or possibly against the owner of the car. Another example would be if someone died due to medical malpractice at their doctor’s office, their family could bring a wrongful death claim against the doctor.
Infliction of Emotional Distress
Infliction of emotional distress is a type of claim that can be brought against another party in certain situations where the injured person suffers severe emotional trauma due to an injury or other incident. One example would be if a person witnessed a horrible car accident and suffered from post-traumatic stress disorder; as a result, they could bring this type of claim against the driver at fault for the car accident. Another example would be if someone were raped and sued the rapist for causing their emotional distress.
Injury laws are an integral part of the attorney’s legal practice. Many different types of injuries can be brought in a lawsuit, and the purpose of injury law is to provide monetary damages to an injured person who has been wronged by the wrongful act or negligence of another party.