Welcome to the Law Offices of Michael I. Dorshkind blog!
Here you’ll find relevant news and updates with regard to personal injury, medical malpractice, wrongful death and other issues. Mr. Dorshkind is an attorney with over 30 years experience specializing in medical malpractice, serious injury, child injuries, car accidents, motorcycle accidents, personal injury, wrongful death, and other matters.
If you have any questions or comments, please feel free to contact our office.
It’s important to collect any documents you have relating to your accident and injury and keep them in a folder or large envelope. Download our Information and Document Checklist to help you start compiling the documents and other pertinent information to take with you to your lawyer, if applicable to your case.
Download the checklist here: http://DorshkindLaw.com/checklist.pdf
Personal injury law, also known as tort law, is designed to protect you if you or your property are injured or harmed because of someone else’s act or failure to act. A personal injury or tort lawsuit is a civil (not criminal) cause of action. The wrongdoer compensates the victim with money. There are three different classifications of torts: negligence, strict liability, and intentional torts. The remedy in most tort suits is the same: payment of money by the defendant to the plaintiff. Sometimes the remedy is an injunction rather than monetary damages (for example, if your neighbor plays loud music, you can file a nuisance action seeking an injunction to stop him). Every tort claim, regardless of its basis, whether negligence, strict liability, or intentional, has two basic issues — liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss. Even if liability is established, the parties in a lawsuit may argue strenuously over the proper amount of damages. Some types of damages, such as lost wages and medical bills, are easy to calculate. But reasonable minds can differ on other kinds of damages, like a person’s expected future earnings and how to quantify “pain and suffering.”
(via FindLaw, links added)
First, you must have suffered a legally recognized injury to your person or property. Second, your injury must be the result of someone else’s fault. Your injury need not be physical to bring a personal injury lawsuit. Suits may be based on a variety of nonphysical losses and harms to your reputation or psyche. In the intentional tort of assault, for example, you do not need to show that a person’s action caused you actual physical harm, but only that it caused an expectation that some harm would come to you. You also may have an action if someone publicly has attacked your reputation (the tort of defamation), invaded your privacy, or negligently or intentionally subjected you to emotional distress.
(via findlaw, links added)