Friday, November 5, 2010

New York Personal Injury Laws

The personal injury laws of New York have twin objectives. One is to protect individuals from getting injured by the rash actions or negligence of others. The second is to ensure that a citizen is duly compensated for the physical and mental damages he suffers as a consequence of such carelessness or recklessness. The laws cover a wide field including road and rail accidents, slip and fall, construction accidents, defective products and medical malpractice.

Laws and precedents, which mean earlier decisions by courts, govern cases relating to personal injury. The fundamental principle is that no person has the right to cause harm to another either by acts of commission or omission. In the context, negligence means the failure to take prudent care. One example is a man taking out his ferocious dog without a leash. Another instance is driving around in a defective vehicle. A manufacturer who sells his product knowing that it may cause harmful consequences is also liable if a customer is injured while using it.

Damages for which compensation can be claimed are not limited to physical injuries. Mental agony and emotional stress could also be included in the claim for compensation, along with medical expenses and a lot of other things. It is advisable to have a lawyer experienced in personal injury cases work out the claim. Several competent attorneys practice in the different branches of personal injury law in New York.

According to the law, the person who makes the claim has to prove that he was injured because of the other individual's fault. It often happens that the victim was also partially responsible. In those instances, the court is likely to look into the percentage of fault.

The statute of limitations allows an adult only three years to file a case for compensation for personal injuries.


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