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Is New York A Tort State?


There are many different types of law, all of which are aimed at creating a safe and legal atmosphere for all. In order to achieve these goals, it helps to categorize different types of wrongdoing and the best ways to both address and rectify them.

In New York State, tort law helps the legal system determine the types of wrongdoing that have occurred and how best to remedy them. And though restitution for committing a tortious crime does not typically include jail time, the resultant, and often steep monetary penalties, are meant to make a statement to the offender and support the victim who has suffered at their hands.

What is Tort Law?

Derived from Latin, a tort is an unjust act of wrongdoing or crime. Within the modern day legal system, tort law is the body of law that deals with civil actions that result from injuries and crimes committed willfully or negligently. Tort law allows victims, known also as defendants, to recoup financial compensation from the parties, known as defendants, who are responsible for causing said harm.

Does Tort Law Fall Under Criminal or Civil Law?

Torts are actions that, generally speaking, happen between private parties. As such, tort law may be classified under both civil and personal injury law. It is important to note that torts are recognized as illegal but not criminal, per se. There are cases however, in which certain torts may also fall under criminal law.

New York State and Tort Law.

Although each of the 50 states is bound by Federal Tort Law, it appears that New York State’s Tort Laws are a bit different from others’. For example, most states award damages to victims, who have been injured or harmed, but only up until a certain point. Unlike most, New York State generally does not put a cap on how much a plaintiff can be compensated. In fact, there is no cap at all when it comes to cases of medical malpractice.

New York State also differs in the way in which the statutes of limitation are applied. Though most states apply a standard cutoff period to personal injury cases, New York State assigns different statute periods to a variety of crimes and torts.

Tort Law and Victim Compensation.

Victims are recompensed in ways that are commensurate to the pain and hardships they have endured, the type of accident they were in, and the degree to which they suffered financial, emotional, and physical loss.

A variety of factors go into ensuring that victims are appropriately compensated. While the law understands that there will never be a dollar amount that can restore one’s functioning or livelihood, there are ways in which compensation can ease at least a modicum of their distress.

Types of Damages Awarded Under New York State Tort Laws.

Tort law is ultimately about provisions and support provided to victims. These laws are not meant, necessarily, to punish the plaintiff as much as aid the defendants. That said, your personal injury lawyer in New York City can help you understand the three ways in which tort law supports victims in these types of cases.

  • Victims can be awarded payment that correlates to the types of losses they have experienced. This can include, but is not limited to, emotional distress, loss of intimacy, loss of independence, and ongoing trauma that has resulted from the injury or injuries.
  • Personal injury victims may also receive financial compensation in accordance with the loss of income they have suffered.
  • In cases of personal injury that are the result of a company or manufacturer’s error, the court may not only direct the defendant to pay the plaintiff, but instruct them to stop working with or creating the very tort that so significantly contributed to their injury.

When it is Time to Call a Personal Injury Lawyer.

When you have a concern or issue related to tort or personal injury in New York City, contact the highly skilled, dedicated, and winning team at Rosenberg, Minc, Falkoff & Wolff LLP.