Personal Injury law revolves around civil lawsuits that are brought forth as a result of wrongful conduct. The Latin word “tort” means to cause harm, wrong doing or twist. In the criminal law aspect, the tort action means that the action is not affected by the government pursuing the wrongdoer but instead will involve a plaintiff who is usually going after money for the harm that was caused by the actions of the defendant.
In many of the personal injury cases , the base of negligence will require that each member in society act in a reasonable manner to avoid placing others in a risky situation. That does not mean that the negligence is at fault each and every time someone is hurt but that some accidents are avoidable. In order to establish liability, the person suing will need to provide proof that the person being sued was in a position where the accident could have been avoided and failed to take care.
An example of negligence is a car accident where the driver was under the influence while driving. There are medical complications that can arise when a doctor fails to do his job properly, or even when your neighbor’s dog bites you for no good reason. These are all examples of negligence on the other party which can result in a personal injury case.
When the negligence has been proven, the defendant will be forced to pay for all injuries that are sustained from the accident or wrong doing. There are some forms of damages that can be easily calculated such as damage done to personal property like your vehicle, home or other personal property. There are some damages that are not so easily calculated like the loss of a loved one, personal affects like photographs or even conduct that has caused long lasting conditions.
The umbrella of intentional torts will recognize that the person being held liable has done some form of intentional action therefore causing harm to the plaintiff. When this situation arises, the case brought forth usually comes from a case of battery, trespassing, false imprisonment, emotional distress that has been inflicted on the plaintiff from the personal injury case.
There are some cases where the defendant has done everything that they possibly could do in order to avoid an accident however harm was still caused. This is known as strict liability. If the person who was injured was caused harm by an activity that is extremely dangerous and even though they took all precautions possible while engaging in the activity, are still held liable. When working on demolishing a building or carry materials that are deemed hazardous will fall under this category should an injury occur.
Defective products are also going to fall into the personal injury case law where an item or product failed the plaintiff and the manufacturer or supplier acted in a negligent manner in the sale or creation of the product. There are some instances that the strict liability is at fault however in either position, this can result in a large sum of money being awarded to the plaintiff.