When a person is physically or emotionally injured, or their personal property is damaged or destroyed, it is whats known as in law a “Personal Injury”. The laws in NY covering personal injury allow the injured party to be compensated for damages caused by someone else’s carelessness, negligence, recklessness, or intentional actions. Personal injury law is also known “tort” law.
States and the Federal government have enacted tort laws for the protection
of citizens rights. Tort actions have three factors s: there must be a legal duty
between the defendant (the one doing the wrong) and the plaintiff (the injured party); there must be a breach of that legal duty; and, damage must occur because
of that breach. When all three elements exist place, a personal injury, or tort,
The laws of our society places demands on all citizens not to harm or damage others. . Whenever someone else harms you or something that belongs to you, they
become liable to answer to the tort laws governing the situation. Liability
can be caused by intentional acts, torts, or by negligence.
An intentional act
is one designed to cause harm or injury. The person committing the act wants
to harm you. A negligent act occurs when someone fails to take appropriate action
and you are harmed as a result of that failure. For instance, if an angry person
throws a brick through your car window, that is an intentional tort (it may
also be a criminal action).
On the other hand, if a careless driver runs into
your car, that is a negligence tort. In the first case, the defendant wanted
to cause an injury; in the second case, the defendant did not want to injure
you but failed to take the appropriate action to stop an injury. In both cases,
the defendant had a duty not to injure you or your property, because our laws
and society create that duty. The duty was breached by the intentional or negligent
actions of the defendant, and damages to your person or property resulted.
If you have been injured or damaged by anther's actions call J John Sebastian for a free consultation today.