A Guide to Personal Injury Claims

Personal injury law, also referred to as “tort law” from a Latin term meaning to harm or twist, was designed to protect the injured party and their property from harm due to someone else’s actions or a failure to act. According to the National Safety Council, preventable/unintentional injury is the third leading cause of death in the United States following cancer and heart disease.

Personal injury cases are broken into four basic sub-categories:

• Intent;
• Negligence;
• Medical Malpractice; and
• Product Liability.

Intentional wrongs typically involve a conscious effort to do harm. Claims of intentional wrongs include assaults, batteries, and false imprisonments. Intentional wrongs are broken down further into either a general or specific tort. Specific torts refer to a conscious intent to do harm where the resulting consequences are expected. Conversely, general torts occur when a person’s action was intentional, but the resulting consequences were not.

Negligence is generally the most prevailing form of personal injury. Negligence torts result from another person’s failure to act with reasonable conduct. Conduct that is considered to be negligent consists of either an act that inflicts harm, or a failure to act when there is a duty to do so. With regards to negligent behavior, injury claims are categorized as either harm to property or bodily harm. A failure to act is determined by several factors that assess whether the defendant had knowledge of duties and appropriate behavioral conduct prior to the incident.

Malpractice claims pertain to negligence of a medical professional where appropriate standards were not adhered to. Most frequently, medical malpractice can be attributed to physical harm caused by a medical professional, improper diagnosis/treatment of an illness, failure to inform a patient of known risk factors, and general incompetence. A malpractice case cannot be brought on based on the dissatisfaction of medical results, only when medical care has resulted in injury.

Product liability refers to a faulty product that causes an injury and applies to any/all parties along the manufacturing process. Through strict liability, manufacturers and designers are held accountable for defective products and the damages caused to their consumers. Product liability does not only pertain to manufactured products, the definition has been extended to include intangible products and personal property. The extension of the term encompasses design and manufacturing defects as well as defects in marketing that may have mislead buyers.

If you have been injured due a faulty product, an intentional wrong or negligence of another, it is important that you speak with an experienced New York personal injury lawyer who can help you understand your rights. The attorneys at McGuire, Peláez & Bennet, PC, will work to ensure you receive the compensation you deserve. For more information about our firm or to schedule a consultation, call our office at 631-348-1702 or fill out our contact form.