There have been a lot of cases where people seek to get compensation through sly means. Sometimes people slip and fall while trespassing on another person’s property, and they want compensation.
This situation makes a joke of tort law. Personal injury law only helps when the injury to the plaintiff was as a result of someone else’s negligence or intent.
In such a situation, the best a New York personal injury attorney can do is send you home to rest. However, there are situations where the injury can lead to liability, such as a crippling car accident and so forth. Your attorney should be able to tell you when you are entitled to compensation.
Here are the most common non-straightforward injuries.
Slander or libel can cause your reputation to suffer injury. It will be the plaintiff’s job to prove the nature and the extent of the damage done by the statements made. Typically, the defense has to show that what was said was harmful before they can prove the extent. Defamation is common among celebrities.
Quite often, dog owners are responsible for the injuries caused by their dog. While the specific laws on the responsibility of the owner will vary with different states, a strict liability exists especially if the dog showed aggression in the past. Even for dog bites, the burden of proof will lie on the plaintiff.
When a doctor or a health care provider proves incompetent and, in the process, injures the patient, a medical malpractice suit can follow.
While malpractices are common, sometimes the hospitals may intimidate the patient out of suing. This is why you need to find an attorney as soon as you suspect medical malpractice.
Personal injury law depends on a breach of duty. As a rule of thumb, while you can, make sure to document any information you think might be relevant while it is still fresh. Unless you intentionally participated in a sketchy activity, proving you deserve compensation should be straightforward with a competent attorney.