Personal injury law (also known as tort law) allows an injured plaintiff to get compensation when someone else’s negligent or intentional act caused the plaintiff harm. There are a variety of different situations that can give rise to a personal injury case, although not every situation in which someone is injured is going to lead to liability. Personal Injury Lawyers will help you.
Personal injury cases are legal disputes when someone suffers harm from an accident or injury, and someone else may be legally responsible for that harm. A personal injury case can become formalized through civil court proceedings that seek to find others legally at fault through a court judgment. That said, these disputes may also be resolved through informal settlement before any lawsuit is filed.
Car Accident Cases – Personal Injury Lawyers
Car accidents spur the most personal injury cases in the United States. When an accident happens, usually it’s because someone isn’t following the rules of the road, or isn’t driving as carefully as he or she should be. A careless driver can (usually) be held financially and responsible for injuries stemming from a car accident. Exceptions do exist in the dozen or so “no fault” states, where drivers should collect from their own insurers except in cases of “serious” injury.
Medical Malpractice – Personal Injury Lawyers
Medical malpractice claims can arise when a doctor or other health care professional fails to provide competent and reasonably skilled care, and a patient is injured as a result.
Slip and Fall Cases – Personal Injury Lawyers
Slip and fall cases are another very common type of personal injury case. Property owners (or, in some cases, those who are renting property) have a legal duty to keep their premises reasonably safe and free of hazards so that people who are on the property do not become injured. Of course, not all injuries that occur on the property will lead to liability. The exact nature of a landowner’s legal duty varies depending on the situation and according to the law in place in the state where the injury occurred.
Defamation: Libel and Slander -Personal Injury Lawyers
Defamation of character in the form of libel or slander refers to the fact that a person can suffer an injury to his or her reputation because of untrue statements. The exact nature of what defamation the plaintiff must prove will vary depending on who the plaintiff is, and the forum where the statement was made.
The average person usually just needs to prove that an untrue negative statement was made and that actual harm (financial loss) came from it. Celebrities or public figures, on the other hand, usually need to prove “actual malice.” This means they need to prove that the untrue statement was made either intentionally or with reckless disregard to the truth of the statement.
Dog Bites – Personal Injury Lawyers
In most cases, the owners of a dog are financially responsible for bites and other injuries caused by the dog. The exact laws on owner responsibility do vary from state to state, though. In some cases, strict liability rules exist and the dog owner will be liable for dog bite damages even if the dog has never shown any aggression or propensity to bite in the past. In other states, the “one bite” rules exist, in which owners only become responsible for personal injury damages once there is a reason for those owners to know their dog is aggressive or prone to biting (like a previous history of bites.)
Assault, Battery and Other Intentional Torts
Unlike most other types of personal injury claims, intentional torts are not based on accidents caused by negligence or carelessness, but rather when one person harms or injures another with intent. These cases almost always involve the added aspect of a criminal case against the perpetrator. For example, when one person physically attacks another, he or she will probably face criminal charges. Additionally, the victim can file a personal injury lawsuit in civil court and demand compensation for the injuries.
What are Some Defenses in Personal Injury Cases?
Defenses in a personal injury case will depend on the facts surrounding the case as well as the type of injury. For instance, in a slip and fall claim, it may be a defense in the event the plaintiff can’t prove the store owner was negligent. An example of this is where the store owner took all precautions to keep the floor safe and the slip occurred outside of the store owner’s premises.
Another common defense is where the plaintiff contributed to their own injuries. In some case, if the victim’s own negligence contributed to their injury, they might have their damages award reduced, or they may be completed prevented from recovering any damages at all.
PERSONAL INJURY: NEGLIGENCE VS. STRICT LIABILITY CASES
Most personal injury lawsuits depend on negligence: the assertion that one person’s inaction or action led to another person’s injury. There are cases, though, where personal injury lawsuits depend on what is called strict liability. In strict liability cases, the law says that one person was responsible for ensuring that no injury occurred and can be held responsible even if no specific act of negligence might be found.
Most personal injury cases involve negligence. To have a valid case, your personal injury attorney must be able to show that your injury was caused by the negligence of another party. To prove negligence, your injury lawyer must prove four separate things:
- Duty of care: the negligent party had an obligation to act prudently to avoid injuring the other party
- Breach of duty: the negligent party knowingly exposed the injured party to a substantial risk of injury or didn’t even realize (but should have) that there was a substantial risk
- Direct cause: the negligent party’s deliberate acts, or lack of action, caused the injury
- Harm: the injured party suffered a financial loss because of the negligent party’s negligence (a medical bill, for example, would be a monetary loss)
Motor Vehicle Accidents: This can include cars, motorcycles, trucks, recreational vehicles, buses or even train and subway accidents.
Wrongful Death: In some cases, wrongful death may be part of some other type of claims such as medical malpractice, nursing home abuse or vehicle accidents.
Nursing Home Abuse: Abuse can take many forms such as physical or mental abuse, neglect, sexual abuse, or abandonment.
Premises Liability: Unsafe premises can include elevator accidents, slip and fall, poor security, daycare accidents and more.
Product Liability: More than just faulty manufacturing, product liability may refer to unsafe drugs or any item sold that brings you harm even though it was used correctly.
Defending the Rights of Injured Victims in Traffic Accidents & Other Personal Injury Claims
As a leading personal injury law firm, our lawyers specialize in various types of accidental injury claims, which include, but aren’t limited to: vehicle accidents, truck and bus accidents, motorcycle accidents, bike accidents, hit and run, drunk driving accidents, uninsured motorist claims, slip and fall, pedestrian injuries, construction injuries accidents, premise liability, dog bite attacks, brain injuries, spine injuries, burn injuries, pool drowning accidents, birth injuries, medical malpractice, wrongful death claims and product liability.
Read More: When to See a Personal Injury Lawyer