Personal Injury
Personal Injury Information
Personal injury law is a branch of the civil law that aims to protect the rights of an injured person to claim for compensation from responsible or liable parties whose negligence and/or wrongful acts resulted to the injuries sustained. In personal injury law, strict liability of a person or company for a certain product or premises that they are responsible for is another factor.
A personal injury is considered when someone is physically or psychologically injured, or their private property is damaged. The personal injury law allows the injured party to receive compensation for damages caused by someone else's carelessness, negligence, recklessness, or intentional actions. Personal injury law is also called Tort Law. For the protection of legal rights of any individual, states and the federal government have enacted tort laws. Tort actions have three essentials: there must be a legal duty, there must be a breach of that duty, and the injury or damage must result from that breach. A personal injury or tort has occurred once all three factors are in place.
To determine the worth of a personal injury claim many things need to be considered. The extent of the injuries suffered by the victim during the accident would largely affect the amount of the claim. Some other things to be considered are hospital and medical bills, loss of income, pain and suffering. Personal injury law aims to effectively compensate the suffering and pain of the injured party and to some point remind the offender not to do again the negligent or intentional act.
There are a number of important things you can do to help yourself if you sustained a personal injury. The first thing you have to do is to make sure that you seek proper medical attention and treatment. It is imperative to follow-up with the proper authorities and your insurance company. You should discuss with a personal injury lawyer if you deem your injury was a result of the carelessness or intentional act of another. It is crucial to avoid discussing the incident with the liable party’s insurance representatives or adjusters. Cooperate with the police, your medical doctors, and your insurance company. You should know that personal injury cases are regulated by a Statute of Limitations, which means that you have to file a claim within a certain period of time before it expires.
Some of the major principles of personal injury are as follows:
Intentional Torts
If the defendant intends the consequences of an act it results to tort. International torts are such as follows: battery, assault, illegal detention or other unlawful uses of legal authority, invasion of privacy, and trespass. Intentional tort is also considered if there is defamation, libel or slander.
Negligence
If a person or a party failed to use reasonable care, they could be negligent. When an individual’s careless act or failure to act has caused injury, negligence is present. A defendant may be held liable for damages even if the act is unintentional. Negligence is based on legal standards of behavior. It has to do with how a reasonable person would do in a comparable situation, and how careful is the defendant when the injury occurred.
Strict liability
Generally, this applies to product liability, which are claims filed against owners of certain premises where an accident took place, manufacturers and suppliers for dangerous products that cause injury, and to dog bite claims against dog owners. To compensate an injured party caused by the strict liability of the responsible party, liability insurance is often used.
Intentional or reckless misconduct
This is the malevolent or deliberate infliction of harm that causes an injury or even death. Once the misconduct caused death, the immediate family of the injured party may recover punitive damages under some conditions.
Comparative negligence
If the actions of the injured party have contributed to their harm, comparative negligence arises. The court will reduce the amount of the award once the plaintiff is found comparatively negligent. It is then negligence is divided between the plaintiff and the defendant and the damages are reduced consequently.
Damages
These are awarded to persons who have sustained personal injuries or wrongful death caused by the misconduct of another individual or business. Damages are granted for distinct damages and in some wrongful death cases.