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What You Need to Know About Law Personal Injury Law personal injury allows the injured party to seek damages incurred due to the negligence or wrongful act of another. This can include medical and ambulance bills, lost work time damages to property, future losses of income and even punitive damages. The plaintiff must show that the defendant violated their legal duty and that their negligence was the primary or directly responsible cause of the accident and injuries. The proof is usually clear and convincing. Negligence Negligence is the basis of a lot of personal injury cases. When you file a lawsuit your lawyer claims that the defendant breached their duty to act as a prudent and reasonable person and that this failure caused you to suffer injuries or harm. It is a tort law that is different from intentional torts, in which the defendant is attempting to violate the law or harm. Personal injury lawsuits medical malpractice lawsuits, personal injury actions and wrongful death lawsuits are the most commonly used kinds of negligence claims. To prevail, you must prove each of the four elements of negligence. This can be a challenge especially when the defendant is backed by a strong legal team. The insurance company and their attorneys will do their best to dispel doubt on any of the four vital factors. For instance, John's vehicle was towed after the 16-year-old boy ran a red light and hit his vehicle. In this instance, the accident was caused by the teenager's carelessness and his inability to fulfill their duty of care. John could be able to make a successful claim for personal injury. New York law may not permit the father to claim damages even if he witnessed an accident at his home. A plaintiff must prove that the negligent act caused their injuries in order to be able to claim compensation. This is known as causality or proximate cause. Intentional Exacerbation of Emotional Distress Intentional infliction emotional distress (also known as IIED) is an civil tort that people who have suffered serious injuries could bring. It differs from libel or slander in that it is not released. It is based on an individual's conduct. The victim must show that the actions of the defendant caused them extreme emotional distress. personal injury lawyer near me is vital to note that the behavior must be extreme and outrageous for an individual to be able to make a valid claim. Usually, rudeness and insults do not suffice to reach this degree. However, if the defendant knows that the victim is susceptible to emotional distress as a result of their mental or physical condition they can be held responsible for their actions. For instance, if a person is aware that you are cramped and decides to lock you in the closet, it may be considered extreme and indecent. A victim could be required to submit medical records or other documentation of lifestyle changes and other evidence to prove that they are suffering emotional distress because of the defendant's actions. This is a typical crime, but it is difficult to prove. Personal injury lawyers who are knowledgeable of the IIED laws in your state can ensure that your claim is heard correctly and to your advantage. Strict Liability In general, strict liability is a legal principle which holds a defendant accountable for an accident, without the requirement to prove negligence or fault or proximate cause or mental state. It can be applied to specific civil cases, as and criminal cases for example, statutory sexual assault. The majority of cases involving strict liability contain defective products, dangerous activities or wild animals. They are regarded as inherently hazardous because they pose a high risk of harm to others even if they exercise reasonable care and take safety precautions. For example, storing explosives or flammable materials in an apartment is a risky thing to do. Additionally, the dangers of these activities aren't usually apparent to those who engage in them. To be held responsible for an injury resulting from due to a defective product, the seller, person who sold, the manufacturer, or the designer must have sold the product with a flaw that was dangerous to use. It is crucial to remember that the defect could have occurred at any time during the manufacturing process, from the design stage to shipping and delivery. Strict liability does not apply when the plaintiff uses the product for an unintentional reason or in a manner that they knew could cause injury. This is why the defendant could raise the defense of assumption of the risk. A New York personal injuries lawyer can review your case and determine if you're legally entitled to a strict liability claim. Damages The losses resulting from an injury can be quite significant. In the majority of personal injury cases, victims may recover damages from the parties responsible for their injuries and losses. There are three kinds of damages which include economic damages, non-economic damages, and punitive damages. Economic or special damages are the most frequent type. They cover costs like medical expenses, lost income and benefits, damage to a person's home or vehicle, and other out-of-pocket expenses. They are less difficult to calculate since they can be backed up by receipts, invoices and market prices for equipment and services. Non-economic damages are sometimes called pain and suffering, are more difficult to estimate. These damages are intended to compensate for the victim's physical, mental and emotional distress caused by the injury. These damages can include the loss of enjoyment of life, loss of companionship, and loss of the consortium with spouse. In certain cases, other kinds of damages could be awarded, such as exemplary damages and attorney's fee. The Injury damages section at FindLaw has articles on damage caps as well as a free injury claims estimater, and details on an independent physician examination (IME). It also covers the obligation to reduce damages.