Personal injury is a branch of law that deals with unintentional harm done to one person by another person or entity. Using the concept of negligence, a judge can decide whether a plaintiff has a valid personal injury claim, and if so, how to appropriately award damages.
Definition of Negligence
Legally, negligence relates to an accidental or careless action that causes harm to another person. It can also be defined as inaction when the offending party had a duty of care to prevent the injury. Examples of such a duty of care include the obligation of a driver to follow traffic laws, the need for a doctor to offer appropriate medical treatment, and the responsibility of a homeowner to keep his or her property safe for visitors.
Negligence and Liability
In order to successfully pursue a personal injury claim, you must establish that the defendant owed you a duty of care and negligently breached that responsibility, directly causing you harm. If these factors can be proven, you may be awarded damages proportional to the expenses and suffering incurred by the injury. The injured party may receive compensation for medical bills, lost wages, and pain and suffering.
A personal injury claim can also sometimes be successfully brought against parties that did not directly cause the injury if they are liable for the defendant’s actions. Generally, this applies to employers and property owners who have contractually agreed to take responsibility for injuries caused by the negligence of their employees or incurred on their premises.
If you are unsure whether your specific injury could be attributable to negligence, contact Todd M. Berk, Esq. by calling (215) 687-4432. Since 1995, Todd Berk, Esq. has been providing legal assistance to those injured by the carelessness of others. Our law firm also works with Social Security disability claimants to facilitate the application or appeals process.
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