Personal injury is defined as a private wrong or injury perpetrated against a person or property, with the outcome of legal liability. Personal injuries can happen due to negligence or intentional wrongdoing.
In whichever case, the law allows the distressed party to file a claim against the party at fault and seek compensation. Most commonly, personal injuries happen due to car accidents, workplace accidents, assaults, and more.
Continue reading to learn about the grounds for personal injury claims and what classifies as a personal injury.
Medical Malpractice
Medical malpractice is one of the most common personal injury cases. One in three clinicians is likely to get sued at least once in their life for medical malpractice.
Whenever a physical or a medical establishment injures a patient via mediocre medical services, the patient can sue them for the following:
- Misdiagnosis
- Inadequate prescription
- Surgical errors
- Oversight of a dangerous illness or diagnosis and more
Product Liability
In a product liability claim, the injured party must show that the product was defective or dangerous and that the defect or danger caused their injury or damages.
If a defective or dangerous product has injured you, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages. To win a product liability case, the claimant must prove the defect, which may be one or more of the following:
- A defect in the design
- A defect in the manufacturing
- Failing to warn of the possible dangers of the product
Motor Vehicle Accidents
Motor vehicle accidents can result in serious injuries and damages and can leave victims struggling to recover physically, emotionally, and financially. These accidents can be caused by various factors, including distracted driving, speeding, reckless driving, and drunk driving, among others.
What Constitutes the Grounds for Personal Injury Claims?
There are three aspects to personal injury claims that make up the legal grounds to file a claim:
- Negligence is the most common legal ground for personal injury claims. It occurs when someone fails to exercise reasonable care, resulting in harm to another person. To prove negligence, you must show that the defendant had a duty to exercise reasonable care, that they breached that duty, and that the breach caused your injury or damages.
- Strict liability applies to cases where the defendant is held responsible for the harm caused by their actions or products, regardless of fault or intent. This legal ground is commonly used in product liability cases, where a defective or dangerous product causes harm to the consumer.
- Intentional wrongs can include physical assault, battery, false imprisonment, defamation, or intentional infliction of emotional distress. This requires the injured party to demonstrate that the other party intended to cause harm or knew that their actions would likely result in harm.
Trust Our Seasoned Lawyers for Your Personal Injury Case
When it comes to personal injury cases in New York City, Aminov Law Group, P.C. stands out for its client-centered approach. As a boutique law firm, we prioritize our clients’ comfort throughout the litigation process while striving to achieve the best possible results for them.
Our lawyers possess extensive knowledge of New York’s personal injury laws, enabling us to provide clear guidance and support in making critical legal decisions. With our compassionate and determined representation, you can rest assured that your case is in capable hands and that we will work tirelessly to secure a favorable outcome.
Let’s get in touch, and we’ll answer any law-related questions you have.