New York Personal Injury: Crucial Factors to Consider

Personal Injury CaseIn the event that you were injured because of another person’s actions, you must always consult an attorney. In general, however, courts would take into account the following factors.

Duty

It’s a given that the law doesn’t enforce absolute responsibility on everybody to care for everybody else in every situation. This means that some injuries are really just accidents that don’t require intervention by the court. According to a personal injury lawyer in NYC, the law distinguishes between injuries that are torts or personal injury cases and those that are just accidents by answering the question: Did the entity or individual that caused the injury have a real “duty” to make certain that you didn’t get injured?

Negligence

You can’t simply act recklessly or negligently because you could put other people in situations that might injure them. Basically, when courts are trying to determine if someone was negligent or not, they try to answer the question: Would someone reasonably expect that his or her actions could in result injury to others in particular situations?

Intent

Essentially, you can’t just injure someone without reason. For example, you can’t simply approach someone and then punch him or her. On the other hand, you could kick someone if that person kicked you or is threatening you with a deadly weapon.

Recklessness

You’re not allowed to act without regard for other people’s safety. However, this is somewhat a gray area, especially if it involves firefighters and police officers on their way to emergency calls. For instance, the average person can’t run red lights and speed through the streets, but firefighters, police officers, and other emergency respondents can as long as they give ample warning to other people on the streets that they’re passing through.

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Strict Liability

Basically, if you do something that you know you’re prohibited from doing and it results in injury to another person, then the injured person could recover damages.

Marc J. Bern & Partners might agree that it’s also critical to note that personal injury laws are typically similar in all states, but the degree to which fault is shared significantly differ. In some states, if the petitioner was found to have contributed to her or his injury in any way, she or he won’t be allowed to recover damages. In New York, however, the plaintiff could still recover, but the damages would be decreased in proportion to their “alleged” contribution to the injury.