When a person or their property is harmed as a result of another person’s negligence, carelessness, or wrongful acts, Silbowitz, Garafola, Silbowitz, Schatz & Frederick L.L.P. may be able to help. Our New York City personal injury attorneys have extensive experience handling all types of personal injury cases for clients throughout the state of New York. We have fought for the injured since 1987.
For a free, confidential review of your claim, call (646) 681-7055.
What Is Personal Injury Law?
When a person wrongfully or negligently commits an act that leads to the harm or danger of another person, they are placing themselves in potential legal trouble. As active members of the New York community, we all have a legal obligation to avoid causing deliberate harm toward another individual or their property. Additionally, we are legally entitled to the same protection from others. When a person or their property is injured or damaged by a person’s failure to meet this legal obligation, tort law, more commonly referred to as personal injury, comes into play.
Personal injury laws are set in place to help protect individuals and their property against the negligent or wrongful acts of another person. These laws allow a person that is victimized by another to receive monetary compensation from the accused.
Understanding Personal Injury Cases in New York
When a person is injured or killed by another’s negligent behavior, personal injury laws on both the state and federal levels allow injured parties to hold the guilty party accountable for their actions. It does not matter if the accused performed the wrongful act intentionally or not. The victim has a legal right to compensation. If a person is injured as the result of a criminal act, a NYC personal injury lawyer can help the victim collect punitive damages.
Even if a person does not commit a negligent act that results in injury or death, an injured party can still file a personal injury case under strict liability. This category covers injuries that occur under circumstances where a company or individual should have been responsible for preventing a wrongful act from occurring.
In strict liability cases, injured parties are not required to prove negligence. Some instances involving strict liability are:
- When an employer is held responsible for negligent or wrongful acts committed by an employee; or
- When a manufacturer is held liable for the death or injury to a person using their product.
Individuals harmed or killed in these circumstances are able to obtain the compensation they are entitled to under strict liability.
Compensation for Personal Injuries
In addition to proving that a person or company is liable for another person’s injuries, personal injury laws determine how much compensation an injured party is entitled to receive. Determining how much money a person should receive takes into account the type of injury a person is subjected to as well as how much they suffer as a result.
Some determining factors related to personal injury compensation include:
- How long it will take for the injured person to recover;
- How much lost wages they face as a result of dealing with the injury; and
- Pain and suffering they experience as a result of the injury.
Quite often families face financial and emotional challenges due to these injuries. Spouses and other family members can be compensated as well in several cases. A personal injury is not something that exclusively impacts the injured party.
Our Experienced NYC Personal Injury Lawyers Are Here for You
Filing your claim as soon as possible can ensure you remain within New York’s statute of limitations, as well as strengthen your case. Our attorneys work tirelessly on their clients’ behalf to level the playing field and improve their chances of obtaining a positive outcome for their case. Our team of professionals gather evidence and present a well-compiled argument that honestly and effectively represents our clients’ injuries and everything they are going through.
If you or a loved one is in need of legal assistance, call our law firm today at (646) 681-7055 to set up a free case evaluation and explore legal options that are available for you.