Personal Injury Law Overview
Posted on: June 23, 2012 |
A tortious act is a wrongful or negligent act committed that can lead to harm or damage of someone or something. We all have a legal obligation toward others to avoid causing deliberate harm to another individual or his property. We also have the legal right to expect the same from others. When one fails to meet this legal obligation and it results in the injury of another or the damage of his property tort laws, better known as Personal Injury laws come into play. Personal injury law helps protect a person from the negligence or wrongful act of another person. It also allows for a victim of such a wrongful act to receive monetary compensation for his injuries.
Personal injury laws hold people accountable for their actions and decisions as they relate to other people. When a person is negligent in his behavior and it leads to the injury or death of another person, personal injury law, both on state and federal levels, state that the guilty party should be held accountable. Whether the wrongful act is intentional or not, the victim has a legal right to compensation. Even in some cases where a criminal act is committed, personal injury law can be involved, allowing the victim to collect punitive damages as compensation or the injury incurred.
Even if no negligence on the part of an individual or company and injury or death occurs a personal injury suit can be filed. This would be a case of strict liability, when an individual or company should have been responsible and prevented a wrongful act from occurring. One example is if an employer being held responsible for the wrongful act of his employees. Another example is if a manufacturer is held responsible for the injury or death of an individual using their product. In both cases, it may not be necessary for negligence to be proven. Strict liability could be the claim of the injured party and damages could be awarded.
Personal injury law not only determines if a person is liable for another person’s injury, it also determines how much compensation should be paid to the victim. That determine is based not only on the injury itself but also the loss suffered as a result of the injury. If the injury results in a person inability to work, short term or long term, then the law would allow for compensation to be made for lost wages. Compensation may also be awarded for pain and suffering, not only of the injured party but also their spouse or other family members.
Personal injury law is for our protection. If you or a loved one is injured is it important to know your rights. The first priority is to receive whatever medical care is necessary to treat the injury. Speak to your insurance company and the insurance carrier of the other party. Legal counsel can be extremely helpful in determining if there was negligence on the part of any parties involved and if damages should be awarded. Immediate action is necessary, as most injuries incurred carry with them a statute of limitations specifying a time period within which a claim can be filed.
If you or a loved one is in need of legal assistance,call Silbowitz, Garafola, Silbowitz, Schatz & Frederick, L.L.P. at (212)-354-6800 or toll free 1-888-LAW-1744, 347-577-9440 or submit an online questionnaire. Our firm offers a free case evaluation and our dedicated team can help you understand your legal rights and obtain the compensation you are entitled to.