What is Protected By Personal Injury Law?

Personal Injury covers a wide variety of accidents and situations. For example, medical malpractice can fall under this area of law, and so can pedestrian accidents. Additionally, personal injuries don’t have to result in death or be “severe” to receive compensation or press charges. In personal injury cases, the plaintiff needs to prove negligence. Negligence is when there is no reasonable care in a situation, and an injury or death occurs. For example, if a construction worker were injured on a construction site because no protective gear was provided to employees by the company, this would be considered negligence. 

The employer did not take reasonable steps in this situation to prevent an injury from occurring on the job. Winkler Kurtz recommends that you hire our lawyers for all of your personal injury needs. Our team has had years of experience in successful outcomes in personal injury law, and we are passionate about ensuring our clients get the results they deserve. Our Personal Injury Lawyer On Long Island will ensure your rights are protected. 

What Damages Are Covered By Personal Injury Law? 

In cases under Personal Injury Law, you could receive compensatory damages from the party responsible for the accident or insurance. Compensatory damages are awarded based on losses from an accident or injury. For example, if you lost leg mobility for five months and there were a lot of surgeries required to fix your leg, you are entitled to compensation for medical payments and the time you could not work due to not being able to move your leg. 

Another example can include damages done to a home or piece of property. The compensation for this particular case would be the money it takes to rebuild or fix the damaged part of the house. Awarding and deciding compensatory damages can be complicated as it can be hard to assign monetary amounts to the pain and suffering some endure after a personal injury. There are a wide variety of compensatory damages protected under Personal Injury Law: 

• Emotional Distress: Psychological and emotional distress can accompany injuries of all kinds, and you may be entitled to compensatory damages. Emotional distress can lead to anxiety, depression, PTSD, and more. Compensation for these damages is essential as psychological well-being can impact other aspects of your life.
• Income: If an injury impacts your ability to work, you may be entitled to compensation for this. It is not your fault that you cannot work and may be eligible for some form of compensation for this. 
• Loss of Consortium: This loss is associated with damage to a spousal relationship. This can include the loss of a spouse due to an injury or accident. Therefore, the family has the potential to receive compensation for this as this loss impacts the family. 
• Loss of Enjoyment: In some situations, the plaintiff may lose their ability to complete activities that they once were able to enjoy, such as walking, participating in sports, etc. Therefore, compensation is necessary in some cases as one’s quality of life may decrease.  
• Medical Treatment: Since most personal injury cases involve physical injuries, medical treatment compensation is a part of most settlements/personal injury cases. 
• Pain and Suffering: This includes any discomfort you or a loved one may suffer during, after, or way down the line from an accident. There are many ways of defining pain and suffering. It depends on your state and your specific situation when determining if a judge will grant compensation under this category. 
• Property Loss: In some accidents, such as a car accident, damages occur to objects besides the body. Your car may no longer work and have severe damage from an accident that wasn’t your fault. Therefore, you may also be entitled to compensation for your belongings.

If you believe that you or a loved one are entitled to compensation after suffering from one of the above-protected categories, our Personal Injury Lawyer On Long Island is here to help you. 

Contact Us

The Winkler Kurtz team has years of successful experience helping clients receive compensation after a personal injury. We will help you fight your legal battles and ensure you receive the amount you are entitled to after your injury or accident. It is essential to determine fault and negligence in these cases, and we can help you build your case for the best possible outcome. Our Personal Injury Lawyer on Long Island is here to help you heal and win your case. Contact us at the link below to learn more.