long island personal injury law - how to determine if you have a case
When you are involved in an accident caused by another party’s negligence or harmful actions, you will want to seek any damages you may be entitled to. You will need assistance pulling apart the two main points of concern; liability and extent of damages. When you have experienced an injury due to the harmful actions of another, your case can fall under the category of intentional tort (intentional, wrongful act) or negligent tort (lack of appropriate care due to negligence).
Regardless of the foundation of whether or not it was intentional or negligent, a personal injury case is an overwhelming undertaking for you. Here are a few issues you will need to know when it comes to personal injury:
Determining the difference between intentional tort and negligent tort relies upon the state of mind of the person causing the personal injury. Here are a few examples of intentional tort:
In the case of a negligent tort, the party causes personal injury to another but does so through lack of reasonable care or safety.
There are several forms of personal injury cases; here are a few examples:
- Auto accident
- Motorcycle accident
- Job site accidents
- Medical malpractice
- Improper disposal of hazardous waste
- Faulty equipment
- Workplace injuries
To determine whether or not you have a case, your claim must be under the guidelines of your particular state’s personal injury statute of limitations. Check with an experienced attorney to find out your rights.
For an intentional tort case, it is necessary to obtain evidence toward the end that the person causing the damages did so knowingly and with intent.
The following elements are necessary to explore in determining negligence:
1. Duty of care – a legal duty for the safety of others
2. Breach – that legal duty was not carried out
3. Defendant caused loss to plaintiff – injuries are suffered
4. Damages are suffered due to negligence – financial awards to the injured party
A personal injury case will require medical documentation. Some personal injury cases include mental health injuries, illness or disease, which need documentation from a professional, as well.
After the injury, there are several important factors to remember:
- Seek medical treatment
- Keep organized documentation
- Seek the expert legal advice and counsel of an experienced Personal Injury law firm
The expert team of Long Island Injury Lawyers at Winkler Kurtz, LLP have years of experience in Personal Injury claims. We can help you with the filing of your claim, through the discovery process (where medical documentation, records, and evidence are produced) and all the way up through settlement.
In order to prove liability and recover the extent of damages you deserve for your injury, contact our highly skilled attorneys for a free consultation to see how we can help you both now and in your future.