Judge's gavel atop personal injury books over white background

How Does Personal Injury Law Work?

Personal injury law (otherwise known as tort law) allows you to go to civil court and obtain a legal remedy (referred to as “damages”) for any losses you endured due to an accident or some other incident.

The principal purpose of personal injury law is to make you “whole again” after you sustain injuries from an accident in which someone else is at fault.

How Personal Injury Laws are Made

“Common law rules” are typically used to determine personal injury laws. Common laws are those laws that have been introduced by judges, rather than made by legislatures or passed in bills and statutes.

Common laws come to be when a judge decides a case. The judge’s decision creates a binding precedent in which all other lower courts in the state must abide. A collection of these decisions eventually develops a body of “common law” over time.

Common law is often varied from state to state, so personal injury law rules might not be the same in different parts of the country.

The Two Ways Your Case Can Go

There are two different ways your case can ultimately be handled:

  • Formal lawsuit
  • Informal settlement

If you file for a formal lawsuit, you’ll file a civil complaint against the person or entity responsible for your injury. You must be able to prove that their negligence is responsible for your harm.

If you desire an informal settlement, it will likely be resolved with those who were involved in the accident, their insurance company(s), as well as attorneys who represent both sides. It is commonplace for a settlement to end up as a negotiation that leads to a written agreement which states that both sides surrender any further actions. Informal settlements allow you to negotiate with the other party(s) on the amount of compensation you’ll receive.

If you’ve been injured as a result of someone else’s actions, you may be entitled to compensation. Our experienced attorneys at The Ahearne Law Firm are here to help. Our team has assisted many other people with their cases, and we can help you too. Don’t hesitate to contact our team with your case right away.

Call the New York lawyers at The Ahearne Law Firm today at (845) 763-4100 to speak with an accomplished attorney about your case.


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