Understanding the Basics of Personal Injury Law

4 Personal Injury Law Basics You Need to Know Before Court
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From Lionel Hutz, the dumpster dwelling attorney on “The Simpsons,” to the boozy and disenchanted lawyer Frank Galvin in “The Verdict,” the public has not been given a good impression of personal injury attorneys. However, in real life personal injury laws are complex and the people who practice this kind of law have to negotiate with attorneys who represent big companies to simply get the money that their clients are owed.

Personal injury law basically applies to a person or group of people who have been injured due to the negligence of another individual or a business. It enables victims to sue whoever is responsible for their paying their bills after an accident. If a person successfully sues someone for personal injury, they will receive money from the responsible party or from the responsible party’s insurance company.

There are myriad circumstances for which a person might sue for personal injury. However, there are a few kinds of lawsuits that are considered the most common.

Intentional Acts

If a person assaulted you, or if a domestic partner hit you and you or someone else reported it, there is a very good chance that they are going to jail. You can also file a lawsuit against them for any medical bills or physical and mental pain and suffering their hitting you caused.

Defamation of Character

If someone did something to hurt your reputation, you may be able to sue them for personal damages. In order to have a successful defamation case, you must prove that the statements that someone made about you are false, that they were communicated to another person, and that the statements were harmful to you.

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Defective Products

 

Even if a company did not do anything intentionally wrong, they can still be sued if they had a product that injured people in some way. Some of the most famous personal injury cases in history were filed due to defective products. Philip Morris had to pay $28 million in compensatory damages to a woman with lung cancer and Takata was sued for billions when their airbags were shown to explode and release shrapnel into cars when they were deployed.

Accidents

Accidents are the most common type of personal injury cases. They include car crashes, slip, and fall accidents, and injuries on the job.

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New York is a no-fault state when it comes to auto insurance, which means that a person’s own insurance must pay their accident-related bills. However, you may still need a personal injury attorney.

Insurance companies do not always want to pay what their clients are due and a person might have to hire an attorney to negotiate with the company on their behalf. In other cases, the injuries may be so severe that a driver’s own insurance will not cover them. In this case, they would sue the responsible driver for damages.

Many personal injury laws are based on old common laws which were made by judges as opposed to the legislature. The general principals of these laws are documented in the Restatement of Torts. State and federal legislators have modified these laws and made their own laws over the years.

If you are looking for a personal injury attorney. You should contact Bronx personal injury attorney Jesse Minc. He is an experienced personal injury attorney who can get you the money you need to get on with your life.

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Comments 1

  1. G&F Bronx Workers Compensation Firm says:

    Very informative

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