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An Indepth Look at Personal Injury Law

Personal injury is a term used to describe bodily injury. This injury is not limited to the body but also includes emotional or mental trauma. This term is mainly used when filing lawsuits where a third party is accused of causing injury as a result of their negligence. Personal injury cases are determined under common law. This means that the laws may differ from one state to another. However, the general application is that victims who have been injured by negligence from a third party receive compensation. The law provides that injured parties can sue for bodily injury, damage to one’s property, and even mental stress. There are several accidents or incidents where personal injury laws can be applied. The most common are car accidents. Other injuries include slip and fall, exposure to toxic substances, product defects, defamation, and medical malpractice. If you have been a victim of any of these, you can seek compensation for your loss or for any damages incurred. Personal injury compensation can be monetary or non-economic, such as emotional distress. In the event that the injured person suffers monetary loss, he or she can receive compensation for the expenses incurred. When you suffer an accident, the most common expenses incurred include:

  • Property damage
  • Medication expenses
  • Loss of personal items
  • Cost of any adjustments or adaptations that need to made
  • Past and future medical costs
  • Loss of future earnings in the event that the injured person is incapacitated.

To be awarded any of these damages. The victim needs to have receipts and invoices when they present their case in court. Failure to have a detailed record can make the court award a lesser compensation than the victim deserves. Malicious or egregious acts also fall under personal injury. In such cases, the compensation awarded is referred to as punitive damages. Punitive damages are granted when the defendant has acted in a despicable or reprehensible manner. They are granted as a warning to the defendant. In the case that you have been slandered or defamed, the courts can apportion a monetary value to cater for the emotional and mental stress. Punitive damage payment can be done over a long period of time. For instance, if the plaintiff suffered brain damage or trauma, they will need long-term medical care. This will also affect their ability to fend for themselves and their family. The court will take into account both the long-term and short-term needs of the victim when determining the compensation to be awarded. It is important to note that punitive damages will not cover any criminal charges that may arise in a personal injury case. If you have been a victim of medical malpractice, you can also file a personal injury lawsuit. To prove medical malpractice, the victim must show that a duty owed to them was breached and the defendant acted in a negligent manner. Worker’s compensation is normally treated under different regulations, though it still involves personal injury. There are certain work injuries that can still be applicable in personal injury lawsuits. However, this needs to be reviewed by an experienced personal injury attorney. It is wise to seek the expertise of an injury attorney who will determine the merits of your case. If you are worried about costs, you will be delighted that many of these lawyers will charge their clients on a contingency basis. This means that the payment is made after a settlement has been reached. Additional charges will include court expenses and filing fees. You can easily find personal injury attorneys in every town or city. They are those who specialize in certain cases such as medical malpractice. When searching for an attorney, it is wise to hire one who has experience in your case. This allows you to benefit from the knowledge and experience they have accumulated over the years.




  • Everyone has slipped and fallen at some point – it’s just a fact of life. Sometimes, it happens because of mere distraction or lack of attention. But other times, it’s due to negligence of others. Contact Boyko & Associates to find out how you can get compensated for your injury.



  • Everyone has slipped and fallen at some point – it’s just a fact of life. Sometimes, it happens because of mere distraction or lack of attention. But other times, it’s due to negligence of others. Contact Boyko & Associates to find out how you can get compensated for your injury.
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BOYKO & ASSOCIATES
2021 Nostrand Ave
Brookyn NY 11210

Tel.: (917)-687-6829
Fax.: (718)-434-8953
alex.debar@boyko-law.com
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