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New York Personal Injury Law
Trusted personal injury lawyer is a legal term that describes harm to an individual’s body, mind, or emotional well-being. This branch of the law deals with conflicts where one person causes harm to another intentionally or unintentionally. It is closely related to tort law. In New York, a person can sue a government entity for personal injury in order to collect compensation. This article will discuss some of the basic facts about personal injury claims and how to calculate damages.
Negligence is the most common basis for personal injury claims
If a person has caused an injury due to a breach of duty of care, it can be a legitimate legal cause for a personal injury claim. As a consumer, you are required to drive safely. This means you must consider any safety hazards on the road, such as poor road conditions or traffic congestion. If you fail to meet this standard, it could be considered negligent and a breach of duty in the eyes of the law.
Intentional acts cause harm to another person
The legal term “tort” refers to acts of negligence or recklessness that cause physical or mental harm to another person. Examples of intentional torts include assault, battery, conversion, embezzlement, slander or libel, and fraud. Intentional torts are considered serious crimes under the law. Those who engage in these acts may be subject to civil and criminal liability for their actions.
Damages in personal injury cases can be easily calculated
When you have been injured in an accident, it can be difficult to determine how much compensation to seek. While medical bills and out-of-pocket expenses can easily be quantified, pain and suffering is not so easy to quantify. For this reason, your lawyer will likely work with your insurance company to calculate how much money you can claim. The total costs of the accident may also be quite difficult to calculate, especially when future expenses are not readily available.
New York waives sovereign immunity for personal injury lawsuits
Under the Court of Claims Act, the State of New York waives sovereign immunity from personal injury lawsuits. This means that you can file a lawsuit against the State for your injuries on its property or while using its employees’ services. However, the rules that apply to a personal injury lawsuit against the State of New York are different than those that apply to other personal injury lawsuits. First, you must file a notice of claim within ninety days of your accident. If you miss this deadline, you will lose your chance to file a lawsuit against the government.
Settlements
Aside from the monetary compensation, an injured person may be entitled to pain and suffering compensation. This compensation can cover the physical pain that the injury has caused as well as the medical bills associated with the treatment. It also covers mental anguish and emotional distress incurred as a result of the accident. The settlement may be for the loss of enjoyment of life or loss of the ability to work. It is important that the injured person get medical treatment immediately after an accident to make sure that the damages are covered.