What are personal injury cases?
Personal injury is a legal word that refers to bodily injury or emotional harm. Bodily injury does not cover damage to property. A personal injury suit refers to a legal dispute where the complainant suffers damage from an injury or accident, and another party is responsible. The formal way to handle a personal injury case is via court a proceeding that aims to identify the party at fault through judgment offered by the tribunal. Alternatively, the involved parties can resolve the dispute through informal settlement. In a formal suit, the complainant needs an experienced nyc personal injury lawyer who can handle the type of bodily harm. Here are some examples of common personal injuries cases.
Road Traffic Accidents
Road traffic accidents are the most typical kinds of personal injury cases. Road accidents usually occur when a driver fails to observe traffic regulations, reckless driving, or failure on the part of the vehicle mechanics. The plaintiff in the car injury can file a suit against the owner of the vehicle or the driver. Often the claim is passed to the respective insurer who proceeds to investigate the allegation and settles the claim where applicable. The law requires that all accidents involving bodily damage to be reported to the police and all vehicle owners must cover themselves against claims of physical harm. Examples of car injuries include Whiplash, fractured bones, paralysis, brain damage, and death.
Medical Practice or Negligence
Medical malpractice covers negligence by a medical practitioner that results in injury to the patient or even demise. A personal injury occurs due to the action or inaction of a medic. Personal injury law has it that the injured party can sue and collect compensation for medical negligence or malpractice. The plaintiff must prove that the medical personnel had the legal duty to take care of the patient and the duty was breached by failure to act or incorrect action by the doctor. The complainant must show proof of a proximate cause and actual damages. Some of the common claims under personal injury include surgery on the wrong site, birth injuries, illness arising from poor hygiene and the use of faulty apparatus. The settlement will include compensation for medical expenses, loss of wages, and pain or suffering. It is always advisable to find a nyc personal injury lawyer who has enough experience handling medical negligence cases. The experienced nyc personal injury attorney will help the plaintiff file a suit and get compensation.
In product liability, the complainant may sue a manufacturer for damages caused by the manufacturer’s product. The claim of responsibility may arise when a product is defective as a result of design defect, production defect or failure to warn the user about the product. Manufacturing and design defects stem from a flaw in the making of the product or the product design respectively. Failure to notify is termed as negligence by the producer to inform the consumer of potential harm. However, a producer will only be liable if the consumer used the product in the right way or according to the manufacturer’s instructions in the user manual. If the user failed to use the product as directed, he or she would not be compensated.
The law mandates employers to provide a safe working environment for their staff and to protect them against accidents in the workplace. However, accidents are prone to occur even in the office. Accidents at work may include injuries sustained as a result of faulty equipment, falling from a height, slip and fall accidents among other injuries that may occur in the work place. The employer must ensure the safety of all employees whether full-time, part-time or contractual employees. The company is liable for compensation for personal damages sustained by their staff arising in the workplace in the course of employment. Workplace injuries also cover occupational diseases such as asbestosis.
Exposure to asbestos may cause a medical condition termed mesothelioma. Mesothelioma refers to a form of cancer that affects the lining of body organs especially the lungs. The condition is often detected in workers exposed to asbestos and inhaled the particles. Often suits about asbestos injury are filed against employers that know about the harm of asbestos but continue to use the material. Employees diagnosed with mesothelioma can sue and get compensation from the employer.
This type of personal injury case arises where the complainant can show that the defendant assaulted the plaintiff either out of negligence or intentionally. It is advisable to hire a nyc personal injury attorney to help you prove your case.
Dog owners are held responsible for the action of their pet. A dog bite can cause physical harm, pain, and psychological damage where people especially children feel vulnerable and insecure in their place of residence and neighborhood. The law makes dog owners accountable when their canine attacks someone in a public environment, a visitor onto their property or damages another person’s property. The pet owner will also answer when the dog threatens other people such that the panic for safety or sustain injuries when trying to shun the dog.