If you’ve been injured through no fault of your own, you may wonder whether you have a legitimate personal injury case.
Read on to learn if your potential personal injury case is valid.
3 Bases for Personal Injury Cases
There are three main bases for personal injury claims, and they are as follows:
Negligence - This is the most common basis for personal injury lawsuits. Negligence exists when another person or entity causes your injuries due to their own lack of attention and/or care. An example of negligence is when someone is looking away from the road while driving because they’re responding to a text message and subsequently rear-end your vehicle. If you sustain injuries as a result of the collision, you may be able to sue them for damages.
Strict liability - This is a less common basis for personal injury lawsuits, but is a crucial and expanding area of tort law. This basis holds designers and manufacturers strictly responsible for injuries that result from defective products. Strict liability does not require you to demonstrate negligence from the manufacturer. Instead, you must prove that the product was designed or manufactured in such a way that it was inherently dangerous when used as expected.
Intentional wrongs - This basis is rare but significant. For instance, if another person causes you harm by laying hands on you, even as a practical joke, you may have a chance to file a suit for battery. Or, another scenario could be that a store clerk unjustly holds you for shoplifting and then you can file a suit for unlawful imprisonment. Some perpetrators of intentional wrongs, such as assault and battery, may be criminally responsible for their behavior. However, a personal injury suit is a civil proceeding in court presented by an individual or entity and has nothing to do with criminal charges brought by the government.
Let Us Help
If you’ve been injured as a result of someone else’s actions, you may be entitled to receive compensation. Our attorneys here at The Ahearne Law Firm, PLLC are highly experienced in personal injury law and have helped many others achieve the justice they deserved. Don’t hesitate to contact us with your case right away.
Call the New York lawyers at The Ahearne Law Firm, PLLC today at (845) 763-4100 to speak with an accomplished attorney about your case.