Personal injury law, otherwise known as tort law, allows injured victims to seek compensation for losses caused by another person’s negligent or intentional actions. There are several cases that can qualify as a valid personal injury claim, for which you may pursue legal action. Not every injury will automatically result in legal liability, which means you may not always have a valid injury claim.
Have you been injured through another person’s negligence? Contact a Bayonne Personal Injury Attorney to learn about your legal rights.
Auto Accident Cases
Auto accidents make up for a majority of the personal injury claims in the United States. Although New Jersey is a no-fault insurance state, you can file a claim against an at-fault driver under certain circumstances, which your attorney will explain to you.
Slip-and-Fall Cases
Slip-and-fall claims fall under premises liability laws in New Jersey. These laws state that property owners, managers, or tenants have a legal duty to maintain their premises in a reasonably safe condition to prevent people on the property from getting injured. Usually, this duty will vary depending on the type of visitor on the property and the duty of care they are owed.
If a property owner is negligent and you slip and fall, you may be able to hold them liable for your losses. You will, however, need to work with an attorney to validate your claim.
Product Liability
Product designers, manufacturers, and distributors have the legal duty to ensure that defective products never get into the hands of consumers. If you get injured from using a defective product, which can be anything from a tool or toy to toxic foods and medication, you can take legal action against one of three people. This will depend on the type of defect in the following ways:
- Design defect — the product designer may be at fault
- Manufacturing defect — the manufacturer may be at fault
- Warning defect — the distributor may be at fault
Medical Malpractice
Medical malpractice claims arise when a healthcare provider provides a treatment that isn’t at par with the appropriate medical standard of care and the patient is injured as a result. Any healthcare provider can be held liable for medical malpractice, including doctors, nurses, hospitals, surgeons, pharmacists, chiropractors, and physical therapists.
It is important to note that receiving negative results after standard treatment does not constitute malpractice. Some of the most common forms of malpractice include:
- Misdiagnosis
- Prescription errors
- Medication errors
- Surgical errors
- Birth injuries
- Failure to diagnose a serious condition
Intentional Torts
Intentional torts differ from other personal injury claims because they are not based on negligence. Rather, they come up when an individual or group harms another person or injures them for purposes, such as with assault or harassment. Tort cases can sometimes involve the aspect of criminal charges.
Consult a Bayonne Personal Injury Attorney
Accident lawyers mainly focus on personal injury claims, such as car accidents, slip and falls, medical malpractice, and product liability. If you are unsure whether your case falls under this umbrella, contact the experienced attorneys at the Law Offices of Anthony Carbone to discuss the circumstances of your accident.
At the Law Offices of Anthony Carbone, we understand how emotionally and financially taxing accidents can be, and are dedicated to helping you come out on top. Contact us today at 201-733-2230 to discuss your legal options and how to pursue them with an experienced Bayonne Personal Injury Attorney.