Having a basic understanding of personal injury law can be extremely valuable to you after an accident. It can help you know what to expect from your case and have a clearer idea of what motivates your Personal Injury lawyer’s actions.
Below you’ll find out what personal injury law is and how it works so you can find the best legal help for you.
Personal Injury Law Defined
Personal injury law includes the legal procedures that occur when an act of wrongful conduct results in a civil lawsuit. In a personal injury case, one private party seeks monetary compensation from a person who is responsible for their injuries.
Understanding Negligence
Accidents are sometimes unavoidable and no one is considered at fault, but it’s more likely for injuries to result from negligence. Any person who does not behave responsibly and thus causes another’s injury is considered negligent.
A good example of negligence is a drunk driving accident. It is obvious that one party’s irresponsible decisions caused injury to a second party. In some cases, however, negligence is more difficult to prove. To prove negligence in a personal injury case, the plaintiff must show that a reasonable, responsible person would have exhibited different behavior than the defendant did in the same scenario.
If the defendant is found to be negligent, they are required by law to compensate the plaintiff for damages and injuries.
Personal Injury Damages
Damages are defined as the compensation that a negligent defendant must pay the plaintiff. These may include property damages, medical expenses, and more. While some damages are easy to quantify, others such as loss of earning capacity or emotional suffering can be more difficult to assign a dollar value to. In these cases, expert testimonies can be helpful to your case.
What is a Tort?
If you’re involved in a personal injury case, you’ve likely heard the word “tort” with great frequency. There are several kinds of torts, the first of which is an intentional tort. In an intentional tort, the defendant has not only acted negligently, but has acted intentionally to hurt the plaintiff. Theft, trespassing, assault, battery, and emotional distress are all examples of intentional torts.
A second type of tort is a strict liability tort. This happens when the defendant did everything possible to avoid harming the plaintiff, but is still found liable. A good example of this is an injury that occurs due to a normal but dangerous activity, such as building demolition, even when all possible precautions are taken to keep people near the building safe. If someone sustains an injury due to this process, even if the responsible party did not act negligently they will still be considered liable because this dangerous process resulted in injury.
Another kind of tort is a defective products tort. If a company manufactures an unsafe product, they can be found negligent. Class action lawsuits are often the result of this kind of tort.
Types of Personal Injury Defenses
There are several frequently used defenses during a personal injury case. If a plaintiff accuses a defendant of negligence, the defendant could try to show that the plaintiff engaged in careless actions or was responsible for their own injuries. If the plaintiff was participating in a dangerous activity when they were injured, the defendant could respond by suggesting that the plaintiff’s participation was voluntary, which means they assumed the risk.
No matter what kind of accident you’ve been injured in, your first step is to schedule a free consultation with a lawyer so you understand your legal rights and the strength of your case.
Now that you know the basics of personal injury law, learn more by downloading our free personal injury recovery kit or contact us for a free consultation.
