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A Brief Guide to Torts and Personal Injury Law

Personal injury is the law providing for compensation and defense pertaining to civil court cases emanating from wrongful actions. Torts imply personal injuries as a result of civil rather than wrongful criminal acts. In such cases, a plaintiff requires to be paid (normally in financial terms) for the hurting that the defendant’s conduct caused.

Defining Negligence–The Doctrine of Law

Many concrete personal injury cases are based on the negligence principle. Primarily, the doctrine requires every member of the society to act in a responsible manner and avoid exposing others to risk. But in some occasions, acting negligently does fail to harm someone. The liability standard, as per the doctrine, is thus attained if the claimant proves the actions of a reasonably prudent individual would have differed in the same situation as the accused.
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Typical Negligence Claims
Getting To The Point – Attorneys

You may have a negligence case in an auto accident a drunk driver caused or medical complications that a physician’s careless intervention or lack thereof caused. A dog bite suffered after a vicious pet is left unrestrained by the owner may also constitute negligence. In each case, the responsible party neglected their duty of reasonable care, causing injury to the plaintiff.

Once a court determines negligence on the part of the accused in a personal injury case, the accused must compensate the plaintiff for injuries, damages, and losses the incident in question caused. Replacement/repair of property and treatment costs constitute damages that are easy to work out. But calculating emotional trauma and loss of earning capacity may require expert testimony. In some personal injury cases, punitive damages may be sought to discourage specifically egregious conduct.

Typical Tort Cases and Their Legal Defenses

Besides negligence, there are numerous causes provided for under personal injury law. Most of these scenarios are categorized as deliberate torts. Just like the name suggests, the cases involve a defendant that acts deliberately to harm the victim. Battery, assault, wrongful imprisonment, and theft are cases in point.

The opposite end of tort law has cases where the defendant is found liable despite evidence that they did everything possible to avert the risk of harm to others. These cases fall under strict liability, where the law deems the defendant strictly liable when an individual is hurt while the defendant is undertaking an extremely dangerous activity, including when the activity in question is legal and all safety measures are in place. Possible strict liability scenarios include demolishing structures and shipping hazardous materials like petroleum products.

Fighting back personal injury accusations may be based on several theories. For claims of negligence, the accused may claim the victim never observed reasonable care, and is responsible for their injury, fully or partly. The plaintiff’s actions may also indicate their assumption of the danger.