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.
