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  • Home
  • About Us
    • Attorneys
      • James R. Winkler
      • Richard D. Winkler
      • Jason W. Hake
      • Lindsey M. Albinski
      • Janet L. O’Hanlon
      • David S. Pollack
      • Daniel E. Brickley
  • Practice Areas
    • Personal Injury
      • Motor Vehicle Accidents
        • Long Island Car Accidents
        • Trucking Accidents
        • Motorcycle Accidents
        • Pedestrian Accidents
        • Serious Injuries
      • Workplace Injuries
        • Scaffolding and Ladder Falls
        • Struck By Object
        • Machinery / Equipment Injuries
        • Construction Accidents
      • Medical Malpractice
        • Birth Injuries
        • Brain Injuries
        • Misdiagnosis
        • Wrongful Death
        • Surgical Errors
        • Hospital Negligence
        • Failure to Diagnose
      • Slip and Fall Injuries
      • Wrongful Death
    • Divorce & Family Law
      • Child Custody & Visitation
      • Divorce Mediation
      • Equitable Distribution
      • Child Support
      • Orders of Protection
      • Spousal Support
      • Divorce & Family Law FAQ
    • Wills Trusts & Estates
      • Estate Planning
      • Elder Law
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      • Wills & Trusts FAQ
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What is meant by tort law and its criteria in personal injury evaluation process?

Personal Injury Lawyer near Coram, NYTort law is a branch of law that deals with civil wrongs and damages. It is the body of law that provides remedies to individuals who have been injured by the wrongful act or negligence of another person or entity. At Winkler Kurtz, LLP, our personal injury lawyer near Coram, NY is well-versed in all areas regarding tort law.

In order to bring a successful tort claim, the plaintiff must prove that the defendant owed them a duty of care, that the defendant breached that duty, and that the plaintiff suffered damages as a result of the breach. The plaintiff must also show that the causal link between the defendant’s conduct and the plaintiff’s damages is not too attenuated.

There are many different types of torts, but some of the most common include negligence, battery, intentional infliction of emotional distress, and defamation.

Personal injury tort claims can be based on either negligence or strict liability. Negligence is the failure to use reasonable care, which results in foreseeable harm to another person. In order to win a negligence claim, the plaintiff must prove that the defendant owed them a duty of care, that the defendant breached that duty, and that the plaintiff suffered damages as a result of the breach.

Strict liability, on the other hand, does not require the plaintiff to prove that the defendant was at fault. Instead, the plaintiff must only show that the defendant’s product or conduct was dangerous and that the plaintiff was harmed as a result.

In order to determine whether the defendant is liable for the plaintiff’s damages, courts will look at a number of factors, including the nature of the risk, the foreseeability of the harm, the degree of care that the defendant owed the plaintiff, and any principles of public policy.

Once it has been determined that the defendant is liable, the court will then consider how to apportion the damages between the parties. In many cases, the plaintiff will be able to recover economic damages, such as medical bills and lost wages. The plaintiff may also be able to recover noneconomic damages, such as pain and suffering.

Punitive damages may also be available in some cases, but they are typically only awarded when the defendant’s conduct is found to be particularly egregious.

Local Personal Injury Lawyer Near Coram, NY

When evaluating a personal injury claim, it is important to consult with an experienced attorney who can help you navigate the legal process and ensure that you receive the full compensation that you are entitled to. Our personal injury lawyer near Coram, NY is able to provide you with quality legal representation regarding all facets of personal injury. If you’d like to schedule an appointment with Winkler Kurtz LLP, please click here for assistance.

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Client Testimonials

I cannot say enough about Rich and his staff. Everyone was more than accommodating from day one. You are treated like you matter, and not just another case for their firm. Rich offers advice every step of the way to get the most out of your case while still letting YOU choose which options are best. Coming from someone who has dealt with other attorneys, none compare to Mr. Winkler. His knowledge, and attitude are second to none. I would recommend Rich to anyone with an accident case. Believe me, you are in good hands. Thank you Rich and staff. Could not have asked for more!!

- Rob Pearsall

To Whom It May Concern, I’m a union painter and was badly hurt when I was involved in a workplace accident on a job site in Manhattan. I hired Richard Winkler to represent me and they have been great. He and his staff keep me informed and are making sure that I can continue to be able to feed my family and to keep everything going, they are on my side no doubt about it. Needless to say this didn’t go unnoticed to my family. Visiting the office was always a positive experience both welcoming and professional. I would recommend this firm to anyone in need of caring compassionate legal representation.

- Michael Brunner

Winkler Kurtz LLP is an amazingly knowledgeable and professional law firm. The staff is extremely intelligent and personable. With great guidance will support you through each step of your case and treat you with personal attention. Highly recommend this law firm – they go out of their way to make you a winner!

- Elissa Rand

The experience that I got from Richard Winkler was absolutely the best, In the beginning I was hesitant because you hear of bad stories about attorneys, but the turning point for me was when the most amazing, caring, person sat down and explained everything to me Mr. Winkler’s paralegal Dana Randazzo. This team answered all my phone calls handled all my paperwork in a quick manner there were never any surprises and they were on top of everything with the insurance companies and anything else associated to my case I highly recommend this law firm to anyone you will not be disappointed and I just wanted to say thank you for all that you have done for me Mr Winkler!

- Anthony Detorre

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Port Jefferson Station, NY
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