Personal injury (also called tort law) is a sub-field of law concerned with the protection of those harmed through others’ recklessness, inaction, malpractice, or negligence. If you feel that you have been harmed, and that it is truly someone else’s fault, you can sue for recovery of damages due to your injury. However, one cannot just claim personal injury for the asking. There are particular elements that must be addressed before a personal injury claim can be filed. Of course, the particulars vary by state, but the basics are as follows:
1.You must demonstrate that the person charged with fault in your personal injury actually does bear legal responsibility.
2.You must prove that the damages you claim reflect your injury or loss accurately.
Once you have established these facts, then you need to figure out which of three basic areas you will base your claim upon:
1.Negligence. This is essentially accusing the defendant that your injury was caused because he or she could have prevented it, and did not. Clearing ice off a walkway to a store is one example. If you fall and injure yourself on an icy patch that was not properly removed at the door of a store, then the storeowner may be held accountable due to negligence.
2.Intentional Wrong. Cases for intentional wrong are usually the results of criminal acts against victims. Victims of battery, sexual abuse, and other criminal acts do not receive monetary damages from the law. It is therefore possible for such victims to file civil lawsuits in order to receive compensation for their injuries. This is called and Intentional Wrong suit because the perpetrator is believed to have deliberately injured the victim.
3.Strict Liability. In most cases, strict liability is part of product liability law. Product liability law is an area of personal injury. If a product is defective, causing harm when used properly, the manufacturer can be held responsible. Even if there is no malice or negligence, or if the manufacturer did not know of the defect, it is possible to file suit against the manufacturer. For example, if you use a hair dryer correctly and it catches fire and causes burns, you can sue the manufacturer, even though the company probably did not know about the defect.
Personal injury attorneys are equipped to answer your questions about these basics, and they can fill you in on the state-by-state particulars. If you feel you have a case, it is not a bad idea to speak with a knowledgeable lawyer.