Personal injury claims generally fall into the realm of tort law, which regulates civil rather than criminal offenses. Most personal injury claims, including malpractice, seek to demonstrate that the defendant demonstrated negligence. If a party can be shown to have been suitably negligent, he is held legally responsible for the accident. Before contacting an injury lawyer, you may want to brush up on these common types of personal injury claims:
Most personal injury actions arise from automobile accidents. It is every driver’s duty to exercise reasonable care on the road, and when he or she breaches that duty, the injured party can generally sue to recoup his or her losses, although some states have passed no-fault laws. If you or someone you know has been in an accident which resulted in serious personal injury, you might need to find an experienced injury lawyer.
In cases which are governed by strict liability, liability is imposed without regard to negligence or fault. Culpability does not have to be demonstrated—cases to which strict liability applies require that every possible precaution be taken by the liable party.
Intentional torts are personal injury cases in which the defendant can be shown to have intentionally caused harm to the plaintiff. These torts tend to award much more in damages than other civil claims, in order to impose a material disincentive to committing violent or aggressive acts.
If you are considering a personal injury suit, talk to an experienced personal injury lawyer. D’Agostino & Associates The Injury Firm takes personal injury, criminal, estate planning, and Social Security Disability cases. Visit our website, or call us at 1-(718) 967-1600.
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