personal injury lawyers bronx

What Constitutes a Personal Injury

Consider this scenario: Two of the new tires you just purchased and had installed last week blew out while you were driving at 65 miles per hour on the interstate. Luckily, you were able to control the car. The only physical and emotional pain you suffered was the 10 minutes that your heart and mind raced following the close call.

So, do you have a personal injury lawsuit in legal terms?

Probably not. Even though the tire manufacturer and installer certainly owe you an explanation and new tires, they likely cannot be sued for personal injury because you suffered no actual, documented injury.

What Exactly Is a Personal Injury?

In legal terms, a personal injury has occurred when a person suffers physical, emotional and/or mental harm from an action of another party. A personal injury can also result from a person or party’s failure to act. Personal injury cases are governed by civil tort law.

Types of Personal Injury Lawsuits

Of course, any personal injury can be handled with a personal injury lawsuit, but here are some of the most common types of personal injury lawsuits:

• Car, truck, motorcycle and bus accidents • Medical, surgical and dental malpractice
• Work-related accidents, including construction site incidents
• Boating accidents
• Slip and fall accidents
• Traumatic brain injury
• Premises liability
• Product liability
• Nursing home abuse and neglect
• Wrongful death

The Role of Negligence

Most (but not all) personal injury claims must prove negligence. Negligence is present when a party’s conduct is less than what another reasonable and prudent person’s would be in the same circumstances. For negligence to have occurred in legal terms, the plaintiff (or person harmed) must show that:

• The defendant (person who caused the injury) owed a duty to the plaintiff
• The duty was breached
• The breach of duty caused the injury
• The plaintiff incurred damages

Injured persons should always consult with an experienced personal injury lawyer to find out if they have a valid personal injury claim.

Compensation for Personal Injury

If you do have a valid personal injury claim, you may be able to receive financial compensation for damages. The amount of compensation depends on factors such as the degree of suffering, the quantity of financial hardship and long-term repercussions from the injury.

Timing is critical in personal injury law, as there are time limits on when you can file a claim. A personal injury lawyer can provide guidance about your legal rights.

About the Author

If you need a New York personal injury attorney, start by scheduling a no-obligation consultation via the website of one of New York’s most experienced personal injury firms, Silberstein, Awad & Miklos, P.C.

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