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.