Personal Injury in New York, Negligence & Intentional

Whether someone has suffered from being in a terrible car accident, being attacked by a dog, medical malpractice, molestation, assault and abuse, and defamation of character. There are two main types of personal injury acts, which are negligence and intentional torts. Negligence is when someone’s intentions, non intentionally, affect the life of another’s resulting in injury or harm due to acting out of care and showing signs of reckless behavior. Common types of personal injury in New York that are of the form of Negligence are auto accidents, medical malpractice, as well as slip and fall accidents. Personal injury in New York that is in the form of Negligence occurs because the person who committed the act was not acting responsibly and alertly to their surroundings. To prove Negligence, one must prove that the accused owed the defendant a duty of care, the accused failed to perform that duty, the injuries suffered by the defendant were caused by the breach of duty, and the injuries could be foreseen. If all of these contingencies are fulfilled it that much easier to prove Negligence occurred which proved personal injury in New York did take place.

Intentional torts are those acts that are caused due to the accused intentional seeking out the act on another. This wrongful act that is intentional must also cause injury in order for it to classify as intentional personal injury in New York. Intentional torts can pose problems to the victims in terms of settlement figures because generally insurance companies do not cover acts of intentional personal injury. However, insurance companies may cover the act of more parties are involved in the act. For example, if your child were assaulted at school, the assaulter would be accused of an intentional tort. However, the school where the assault took place also has a duty of care to your child to keep them safe and free from harassment. This means that the school could also be charged for negligence because they owe that duty to your child, they failed to provide that duty, the act resulted in injury to the child, and the injury could have been foreseeable if access to the school from third parties was permissible. Personal injury in New York is no quiet matter, that is why the different forms of personal injury are set up to classify and determine the extend of each.

If you or a loved one has fallen victim to an act of personal injury in New York, contact a lawyer as soon as possible. They will be able to determine whether the act was negligence or an intentional tort and will thus be able to proceed with the case and take it in the direction it needs to go. When suffering from a personal injury it can prove to be a very trying time in ones life due to the unresolved circumstances. Your lawyer will be able to provide you with the right amount of care and protection despite what the defendant might have committed.