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Personal Injury Law Overview

When a person or their property is harmed as a result of another person’s negligence, carelessness, or wrongful acts, Silbowitz, Garafola, Silbowitz, Schatz & Frederick LLP may be able to help. Our New York City team has nearly 20 years of experience handling all types of personal injury cases for clients throughout the state of New York.

When a person wrongfully or negligently commits an act that leads to the harm or danger of another person, they are placing themselves in potential legal trouble. As active members of the New York community, we all have a legal obligation to avoid causing deliberate harm toward another individual or their property. Additionally, we are legally entitled to the same protection from others. When a person or their property is injured or damaged by a person’s failure to meet this legal obligation, tort law, more commonly referred to as Personal Injury Law, comes into play.

What is Personal Injury Law?

Personal injury laws are set in place to help protect individuals and their property against the negligent or wrongful acts of another person. These laws allow a person that is victimized by another to receive monetary compensation from the accused.

Personal Injury Cases in New York

When a person is injured or killed by another’s negligent behavior, personal injury laws on both the state and federal levels allow injured parties to hold the guilty party accountable for their actions. It does not matter if the accused performed the wrongful act intentionally or not. The victim has a legal right to compensation. If a person is injured as the result of a criminal act, a personal injury lawyer will help the victim collect punitive damages.

Even if a person does not commit a negligent act that results in injury or death, an injured party can still file a personal injury case under strict liability. This category covers injuries that occur under circumstances where a company or individual should have been responsible for preventing a wrongful act from occurring.

In strict liability cases, injured parties are not required to prove negligence. Some instances involving strict liability are:

  1. When an employer is held responsible for negligent or wrongful acts committed by an employee
  2. When a manufacturer is held liable for the death or injury to a person using their product

Individuals harmed or killed in these circumstances are able to obtain the compensation they are entitled to under strict liability. In addition to proving how liable a person is for another person’s injuries, personal injury laws determine how much compensation an injured party is entitled to. Determining how much money a person should receive takes into account the type of injury a person is subjected to as well as how much they suffer as a result. Some determining factors are:

  1. How long it will take for the injured person to recover.
  2. How much lost wages they face as a result of dealing with the injury.
  3. Pain and suffering they experience as a result of the injury.

Quite often families face financial and emotional challenges due to these injuries. Spouses and other family members can be compensated as well in several cases. A personal injury is not something that impacts only the injured party.

Role Personal Injury Laws Play in Citizen Protection

If you are subjected to harm by another, the injury itself needs to be addressed as soon as possible. Your health is always paramount, but after receiving care, it is crucial to know what legal rights you have as an injured party.

The claim process can seem overwhelming. However, by consulting with an experienced personal injury attorney in New York City, you can make. Although each personal injury case is different, they generally follow the same path forward. The timeline of a personal injury case often includes:

  1. The incident occurs resulting in injury. Although you cannot predict when an injury will occur and are often unexpected, it is important to try to remain as calm as possible. Depending on the circumstances, you may need to call 911 to receive medical attention. Regardless of the event, you should always collect the names and contact information of everyone involved or witness to the incident and even take photographs of the accident site if possible.
  2. Prioritize your medical treatment. If you are injured, you should seek immediate medical attention. Even the smallest injury could lead to a more serious condition if not cared for. Traumatic incidents can leave the body in shock, eliminating a person’s ability to feel the effects. Even if you do not feel like you received any ‘real’ injuries, it is important to receive an evaluation by a medical professional and have the visit on record.
  3. Consult a New York City personal injury lawyer. The sooner you speak to an experienced attorney, the better equipped you are to collect evidence and evaluate the details of your claim. A lawyer will help you review the medical records and investigate the claim to put a case together that best reflects your individual circumstances.
  4. Speak to your insurance company as well as the insurance company of the other party after securing a lawyer. A qualified legal counsel can help immensely throughout the entire process to determine if negligence is a factor in what caused the injury. Additionally, a lawyer can help determine if damages should be awarded as a result and defend your case to your insurance and the insurance company of the other party.

Experienced New York Personal Injury Lawyers

Filing your claim as soon as possible can ensure you remain within New York’s statute of limitations as well as strengthen your case. Our attorneys work tirelessly on their clients’ behalf to level the playing field and improve their chances of obtaining a positive outcome for their case. Our team of professionals gather evidence and present a well-compiled argument that honestly and effectively represents our clients’ injuries and everything they are going through.

If you or a loved one is in need of legal assistance, call our law firm today at (212)354-6800 to set up a free case evaluation and explore legal options that are available for you.