PERSONAL INJURY LAW

Personal Injury lawyers recover compensation for victims injured by negligent, reckless or intentional behavior. This area of the law is called tort law, and it requires a claimant to prove the following four elements to collect money damages:

Duty of Care

The person accused of causing the injury must have a duty to the claimant. For example, a restaurant that invites the public in, must keep the premises free from hazards for persons that come in. There is usually no duty to trespassers, but there are some exceptions. That’s why it’s important to speak to an experienced personal injury lawyer if you’re wondering whether you have a valid claim. Call us at 718-261-8114 for a free consultation.

Breach of Duty

Negligence is when the duty of care is breached by engaging in negligent behavior, such as failing to clean up tomatoes that fell on the floor of a supermarket in a reasonable amount of time. Reckless behavior is taking actions that the defendant should have known were dangerous, such as driving under the influence. Intentional actions can give rise to tort claims, examples include punching somebody in the nose out of anger or a mugging. If you’re scratching your head wondering whether you have an actionable claim, call 718-261-8114 for a free consultation.

Causation

It’s necessary to prove that the injury was caused by the negligent, reckless or intentional act of the defendant, and not something else. That’s why it’s important to seek medical attention as soon as possible, preferably by taking an ambulance to the emergency room from the scene or going immediately to an urgent care center. The longer you wait to get treatment for your injuries, the more difficult this element is to prove. That said, you may still have a case even if you did not get treatment in a timely manner. The best way to find out is to call 718-261-8114 for a free consultation. 

Damages

The amount of financial compensation you receive depends on proving your objective damages, the amount of money you’ve lost, or will lose throughout your lifetime for things like medical care, lost earnings, rehabilitation, and other itemizable costs. For severe or catastrophic injuries, the lifelong cost of lost earnings can be very high. The other type of damages are for your subjective pain, suffering, and emotional distress. In New York, you must have a legally defined “serious injury” to claim subjective damages. Call us at 718-261-8114 for advice on your potential claim.