Personal injury laws explain the legal rights that you are entitled to exercise in order to recover for your physical harm, mental suffering and financial loss brought upon you by someone’s negligent or intentional action. Private injury laws cover a separate and specialized body of law and explain the circumstances in which, any individual is entitled to seek compensation for his physical, financial, mental, reputation or property damages caused accidentally, negligently or intentionally by someone else who might be another individual, a company, a municipality or other government organization.
This particular area of law is also referred to as “Tort Law”. This particular section touches upon tort law not related to property and covers injuries to a person’s body or mind, or damage to one’s reputation.
What is a “Tort”?
A tort takes place when one person’s wrongful action causes harm to another person. The injury can result from a slip and fall, an automobile accident, medical malpractice, a defective product, toxic exposure, false accusation, police misconduct, criminal activity, illegal serving of alcohol to an underage etc. The list of possible causes of tort is really broad due to a variety of activities taking place in our society. However, injury is the clearly defining aspect of tort. Without any harm or injury, tort does not exist, even if a wrongful action takes place.
Example A: If you sustain no injury or harm after slipping and falling on a wet floor in a shopping mall, no tort will apply. Regardless of whether the shopping mall was careless in cleaning and maintenance, you have no rights to file a lawsuit against the shopping mall.
Example B: If a car passes through a red light, almost forcing you to jump to the ground but you escape unharmed, no tort applies in spite of the driver’s careless or reckless action.
Any individual, who has suffered an injury due to another person’s wrongful conduct, is entitled to seek compensation for damages by suing the at-fault party in a civil court.
How Can a Rochester Personal Injury Lawyer Help Me?
‘Statute of Limitations” is an important aspect of Personal Injury Law. It sets a time limit for an injured to file a lawsuit against the at-fault person. You are required to lodge a formal lawsuit against the allegedly responsible party within a specific time frame that varies from one state to another.
Irrespective of your age or your situation, an experienced attorney investigates merits of your compensation claim and makes sure that your claim is formally filed within the particular timeframe as per the enacted law in your residential state. Your personal injury lawyer builds up your case with necessary documents, collected evidences and witnesses’ testimonials in order to enable you to recover for all damages that you have endured till date and are likely to suffer in future.
What to Consider While Hiring a Lawyer?
Finding a good personal injury attorney is not super easy. Keep in mind some important points before hiring a lawyer. Skill, experience, reliability and reputation are the four important criteria to make sure if a particular lawyer will be able to ensure justice in your case.