Personal Injury Law
What is Personal Injury Law?
Personal injury law was drafted to protect you if any of your property or yourself, is harmed or injured due to someone’s acts or their failure to act. The personal injury law is also known as the tort law. Tort is a word that is used to refer to a legal cause of action filed by an injured party through the courts to seek damages for a wrongful act caused by another person. A tort is committed when someone deliberately or recklessly causes harm or loss to another person or his property.
What are the elements that must exist for a case to be considered a tort lawsuit?
There are four elements that must be present for a case to be considered a tort lawsuit:
1. The existence of a legal duty owed by a person to others;
2. The breach of this duty by that person;
3. The breach of the duty being cause of damages suffered by another person; and
4. The damages resulted to a person.
What the categories of Personal Injury Law?
The Personal Injury Law is categorized into two: negligence cases and intentional torts. Negligence cases arise when the person who caused the bodily harm did not intend to do the injury, but is ruled as careless of the safety of the people immediately surrounding him. This usually happens during vehicle incidents where the driver is charged for being negligent. An intentional tort happens when a person intends to commit wrongful acts that resulted to injury. Whether the injury is consciously intended or not, and whether the injury is more severe than what was intended, does not usually matter.
What are the chances of winning a negligence case?
There are four ways to win a negligence case:
1. The injured person must prove that the person who did the injury (the defendant) had an obligation to act with reasonable care for the welfare of the people around him;
2. It is proven that the defendant violated that duty of seeking to ensure the safety of others;
3. It is proven that the injured person’s injuries resulted to the defendant’s breach of duty; and
4. It is proven that the injuries caused were reasonably foreseeable as a result of this violation.
As a concrete example, a driver of a car has the obligation to other drivers, to drive safely and carefully so as to keep his car under his control at all times. It is reasonably foreseeable that mistakes made during driving would result to accidents, which in turn might cause serious injury to other people. Thus, anyone injured in a motor vehicle accident, is in a good position to win the argument about driver causing the accident to be negligent, and thus needs to pay compensation for all the injuries resulted from the accident.
What are the chances of getting compensation for an intentional tort case?
It can be difficult for someone to get compensation from a person who has committed an intentional tort since most insurance policies do not cover intentional acts of wrongs. This is from a legal standpoint. However, injuries sometimes result from more than one act of a single party, or there may be multiple actions that may arise from one act. Most common intentional tort cases include assault and battery, defamation of character, and child abuse. So for example, it would be hard to get compensation based on an intentional tort case if a person molests a child in a daycare facility. Though the daycare facility has an obligation to supervise its premises to ensure children from harm, the act of molestation is intentional, so it is considered an intentional act. However, one can still file a negligence case against the day care facility itself, for allowing that person to get into the facility’s premises without adequate screening or supervision.