Plaintiff's Attorneys

Personal Injury

What is Personal Injury?

Personal Injury law, (tort law) allows an injured person to seek compensation when another’s negligence or intentional act caused that person harm. 

Common Examples of Personal Injury / Torts

  • Negligence
    • Car Accidents 
    • Slip and Fall Incidents 
    • Medical Malpractice*
  • Intentional Torts
    • Assault and Battery 
    • Conversion
    • False Imprisonment 
    • Defamation (Libel/Slander)
  • Dog Bites / Animal Attacks
    • Negligence + Strict Liability (New York) 
  • Strict Liability
    • Abnormally Dangerous Activities 
  • Defective Products
    • Negligence and/or Strict Product Liability 

Anatomy of a Personal Injury Case (Generally)

Personal injury cases cover a broad variety of accidents and incidents that can occur and therefore vary greatly among one another. But there is a general framework of elements that most personal injury cases follow: 

  1. The Plaintiff is Injured by the Defendant
  2. The Defendant Owed a Legal Duty of Care to the Plaintiff
  3. The Defendant Breached Their Legal Duty to the Plaintiff
  4. The Defendant’s Breach of that Duty was the Actual and Proximate Cause of the Plaintiff’s Injuries
  5. The Plaintiff and Defendant Enter Settlement Negotiations 
  6. The Plaintiff and Defendant Agree or Disagree on a Settlement 
  7. If They Cannot Settle, Plaintiff Can Take the Case to Court 
  8. Depending on the Court’s Decision, Either the Plaintiff and Defendant May Appeal the Case 
For Example: A plaintiff slips and falls on a wet floor at the supermarket. The plaintiff is injured and sues the supermarket. The supermarket had a duty to keep the floors clean and safe for patrons to walk. The supermarket failed to keep the floors clean and as a result, breached their duty to the plaintiff. Now, the plaintiff and defendant can enter settlement talks and either come to an agreement, or the plaintiff can move forward with the lawsuit in Court. 

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