General Plaintiff's Inquiries
The most common question that we get asked is, "Do I have a case?" It is a fair question; the complicated and ever-changing landscape of New York law makes the answer a murky one, even for the best-acquainted individual. While there's no substitute for calling our office to have your case evaluated by an attorney, we offer here below a simplified primer on the world of "Tort" law to help you better understand your situation, what questions you want to ask, what information to have available during your consult, and what we will be considering in evaluating your case.
First of all, "tort" is a French word meaning, simply, "wrong." "Tort law" is the entire field of law that handles situations when someone has been wronged, and how to fix it. In common language, Tort law is, essentially, lawsuits.
Now, even with their infinite variety, every tort case revolves around the Plaintiff (or injured person) proving 4 points: Duty, Breach, Causation, and Damages. For explanation, as an example we will use the situation of a rear-end car accident.
Duty - A Plaintiff must prove that the Defendant (or person who harmed them, in this case the person that drove into their backside) was expected to act in a certain way. Here, it is simple; the Defendant had a duty to not drive into other cars on the road.
Breach - A Plaintiff must prove that the Defendant "breached" the duty, or in other words failed to live up to the standard we expect of them. Again, simple; the Defendant did drive into the Plaintiff's car, so they breached the duty.
Causation - This is where it starts to get tricky. The Plaintiff will say that, after the car accident, they are injured. But did the car accident actually cause the injury? The Defendant (or more accurately, their insurance company), of course, will say no, usually by claiming that the Plaintiff either is not injured, or in the case of where the injuries cannot be disputed, they will say that they pre-existed the accident. This is where an attorney skilled in both medicine and law becomes an invaluable asset, one which The Law Offices of Theodore A. Naima provides to all of our clients.
Damages - There must be identifiable damages in the case. When, after much negotiation or litigation, it has come to a point where both sides more or less agree on the injuries that directly relate to the accident, it comes time to assess a numerical, dollar value to the harm done to the Plaintiff. Some damages, like property damage, past medical bills or lost wages, are easy to determine by simply reviewing records. But a "pain and suffering" award, the intangible value of the incredible inconvenience of having one's life upset by the actions of another - including the time burdens of having to fix or purchase a new car, attend countless doctor visits, be disabled partially or fully from participating in one's own life - all of these damages are either settled by agreement of the parties or by the opinion of a jury. If it seems like an imperfect, unpredictable system, that's because it is. But, it is the way in which New York, and all of the jurisdictions of Civil Law throughout history, have avoided a simple "eye-for-an-eye" approach to justice. Navigating this complex system of collaborative decision making between adversarial parties is the essence of why having a great Plaintiff's attorney in your corner can make the difference between getting your life derailed and getting it back on track.
Understanding the interplay of these 4 factors leads to the entire world of tort law. From auto drivers crashing into one another, to property owners neglecting to clean up hazardous conditions on their property, to doctors failing to provide the level of care that we, as a society, expect of them, all of tort law revolves around determining the Duty, Breach, Causation and Damages of the case. Sometimes, the answers to these questions may surprise you, so if you're hesitating to call for a consultation because you think you don't meet these criteria, don't. The law of answering these questions changes every single day, and it's not in your best interest to assume the answer. Let us bring our expertise to bear for you, and help you decide on the next best step you should take to get your life back where it belongs.