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Understanding Personal Injury Law

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Understanding Personal Injury Law

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

When wrongful conduct results in a civil lawsuit, the legal procedures that follow are known as personal injury law.

Personal injury law is different from criminal law because a private party, rather than the government, takes action against the person responsible for injuries. The plaintiff in a personal injury case typically seeks monetary compensation from the defendant for the injuries he or she endured.

Having a strong understanding of personal injury law can help you know what to expect if you sustain an injury and need legal assistance. You’ll learn more about the ins and outs of personal injury law in this post.

What is Negligence?

Many accidents cannot be avoided and often no one is at fault. In other cases, however, the injury is a result of negligence. The doctrine of negligence states that all people must behave responsibly and conscientiously, so that they do not harm another party. If a person fails to behave responsibly and causes injury to someone else in the process, this is known as negligence.

Two common examples of negligence are drunk driving accidents and medical malpractice injuries, where one party’s irresponsible actions resulted in injury to another party. In order to have a strong case, negligence must be proven.

Establishing Negligence

In personal injury cases, a plaintiff must demonstrate that the defendant is liable by proving that a reasonable and responsible person would have behaved differently than the defendant if faced with the same scenario. If the defendant is determined to be negligent, they must compensate the plaintiff for damages and injuries. Sometimes the defendant who caused the injury will not have enough money to compensate the plaintiff for damages. In this case, the plaintiff’s lawyer can often determine other liable parties, such as employers or others, who can provide compensation.

Types of Damages

If the defendant is found negligent, there are a variety of damages they may have to pay, some of which are easier to calculate than others. Property damages and medical expenses can be easily determined. Other types of damages, like loss of earning capability and emotional suffering may be more difficult to determine, but expert testimony is often helpful. If the defendant’s actions were especially reprehensible, punitive damages can also be ascertained.

Types of Torts

Intentional Torts

In addition to negligence, intentional torts, where the defendant has intentionally attempted to injure the plaintiff, may also lead to legal action. Theft and trespassing, as well as more serious crimes like assault and battery, are examples of intentional torts. Intentional infliction of emotional distress is another example.

Strict Liability

A strict liability case may be brought when a defendant is still found liable although they did everything in their power to avoid injuring the plaintiff. For example, building demolition, even if it is performed responsibly, can result in a strict liability tort if someone is injured because the defendant’s activity is very dangerous.

Defective Products

In personal injury law, manufacturers of defective or unsafe products can also be found negligent. These types of cases may become multi-plaintiff class action lawsuits resulting in large amounts of monetary compensation.

Common Personal Injury Law Defenses

There are many common defenses used in personal injury cases. If a defendant is accused of negligence, they may respond by claiming that the plaintiff was careless or otherwise responsible for their injury. If the plaintiff received an injury during a dangerous activity, the defendant may argue that the plaintiff voluntarily participated, thus assuming the risk.

If you have been injured in an accident, the best course of action is to discuss what happened with a personal injury lawyer. A lawyer can help you understand your rights, tell you whether you have a case, and ensure that your case is knowledgeably handled. A lawyer will also help you meet deadlines and understand your case better.

Help is free. Timing is crucial. Speak to a personal injury lawyer to understand your rights.

Disclaimer: The content of this article is a general guideline made available for educational purposes only and is not intended to be used as legal advice for the reader’s specific situation nor in general. By reading our blog and website content, the reader acknowledges the above and understands there is no lawyer-client relationship created between you and Himelfarb Proszanski through this content. To get specific legal advice, we encourage you to book a free consultation with one of our lawyers to clarify the legal aspects of your situation.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

Timing is Critical. Help is Free.

Don’t delay discussing your matter with us to find out how to build a winning case.

Please enable JavaScript in your browser to complete this form.

You don’t pay us unless we win your case. No Out of pocket expenses required.

Note: Your Privacy is Safe with us. We will never disclose your information to external parties.

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What They Say About Us

Sherene AlySherene Aly
16:02 23 Mar 24
I was very pleased with my decision to retain David and his team for my case. Melissa Gizzo was simply amazing and was able to secure a fair settlement for me.
T TT T
17:46 16 Feb 24
Experienced and excellent law firm. Their lawyers are wonderful, articulate, dilligent, amicable, calm, respectful, responsible, resourceful and have good human and customer relationships Especially DAN HOLLAND 👌 He is an amazing lawyer as regards dealing with any of the Accident case.I was involvedIn an accident in 2019 February. He was God sent as he dutifully and relentlessly worked hard until the case was settled
LizLiz
22:43 18 Jan 24
I highly recommend Dan Holland as a disability lawyer. His commitment to my case made the process seamless. Dan's clear communication and ability to simplify complex legal matters made it easy for me to understand every step. He demonstrated genuine concern for my best interests, making him not only a skilled attorney but also someone easy to talk to.Dan’s support extended beyond legal expertise; he alleviated my stress during the long-term disability case. His calm approach and unhurried demeanour ensured that there was no rush in our collaboration. This, coupled with his dedication, made the entire experience more manageable, fostering confidence in his ability to handle the case with meticulous care.I wholeheartedly endorse Dan for anyone seeking a lawyer who not only gets results but also prioritizes your peace of mind.
Neeshanth SritharanNeeshanth Sritharan
21:49 01 Jan 24
My mom was involved in an accident impacting her daily life and ability to work. Dan Holland has worked with us during the duration of our case and has been helpful in fighting for her and supporting us, and organizing the things we needed. Our family is incredibly grateful of the outcome Dan was able to obtain for us. I would highly recommend him!
Faiza HamidFaiza Hamid
01:26 22 Dec 23
I'm so happy I chose Mena Brar and her team represet us . We could not ask for a better team she is so kind, loyal, and honest. she spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. I appreciate you. Did it for me and how this will help me get back on track with my life. keep helping others. You are doing amazing works, Mena Brar. I wish you all the best.
Brenda FurtadoBrenda Furtado
23:38 12 Dec 23
Many thanks to Silene Malhao for settling my husband's TORT claim and to Mena Brar for settling his accident benefits claim. These ladies made themselves available any time we had a question. They were very understanding and compassionate. We were completely taken care of throughout this process. We would definitely recommend this team to friends and family!
ShaunaShauna
15:52 06 Dec 23
We are so happy that we had David and his team represent us. We couldn't have asked for a better team. Not only is David incredibly skilled and experienced, he is kind and compassionate and it is clear how much he cares for his clients. Megan was also absolutely amazing to work with and was always on top of everything and there to answer any questions we had! Thank you!
Andrew CoutoAndrew Couto
23:10 21 Nov 23
I'm so happy I chose David as my lawyer. I spoke to a few lawyers before finding David and I noticed majority of them spoke to me in a way that felt demeaning or that my case wasn't big enough or important enough to take. One phone call with David and my opinion on lawyers changed. He spoke to me as an equal and made me feel as if my case was definitely important and that I deserved to be fairly compensated. The whole process was wonderful. From dealing with David's law clerk Ingrid whom is an amazing and kind woman to his legal assistant Melissa whom is another amazing kind and talented young woman. I was so stressed about this case but from day 1 they helped ease that stress and always answered all my questions promptly and respectfully. I couldn't believe David got me to mediation within 6 months of being cut off my LTD and got me a settlement way beyond my expectations. I can't say enough good things about this law firm but I guarantee you that if you need a lawyer to fight for you David is your guy! . Believe me when I say this is the law firm for anyone dealing with personal injuries especially LTD denial claims. Thank you so much to David, Ingrid and Melissa you truly don't know how much I appreciate all you did for me and how this will help me get back on track with my life. Keep helping others you guys are doing amazing work! I wish you all the best!
Rose RegazziRose Regazzi
21:15 11 Oct 23
I sustained a relatively painful injury, affecting me long term.I wouldn't otherwise had pursued it, as it involved a relatively large corporation, but felt it necessary to do so. However, many lawyers were daunted, with one, who actually referred me to HIMPRO.I was connected with Dan Holland, who reviewed the case, provided with me realistic expectations, sound advice and had a willingness to move forward and represent me.His calm and professional demeanor, brought me to a place of reassurance. His ease in addressing all facets of this process, clearly demonstrated a wealth of experience. There was never any hesitation, when being challenged, and felt my best interest was always in the forefront.This case has since been resolved, to my complete satisfaction.Without reservation, HIMPRO (and Dan Holland, in particular), would be the only firm I would recommend for these type of cases.
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HIMPRO is a leading law firm with full service personal injury and disability insurance lawyers. We have been recognized by Best Lawyers and assigned the highest rating, AV Preeminent, from Martindale-Hubbell. We provide a combined century of trial experience which has led to the successful settlement of over 10,000 cases with combined settlement value in excess of 3/4 billion dollars. Our mission is to win your case. At HIMPRO by Himelfarb Proszanski LLP we build winning cases. That’s the HIMPRO Advantage™.

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