No one expects to be in an accident. They rarely come with a forewarning, leaving most unprepared and unsure of how to proceed. When you or someone you love is injured, you need to make decisions quickly. You should always seek immediate medical attention for any injuries and also seek the assistance of qualified, experienced legal representation.
What is Personal Injury Law?
Personal Injury Law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. Most personal injury cases are based on the doctrine of negligence. Negligence requires that every member of society act responsibly and avoid putting others at risk. This does not mean that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. In order to be liable, the plaintiff must show that a reasonable person in the defendant’s positions would have acted differently under the same circumstances.
A few examples of negligence include: car accidents caused by drunk drivers, medical complications resulting from a physician’s carelessness, and dog bites that occur when permitted to roam free. In each case, the responsible party ignored the risk posed to others. In order to be liable, the plaintiff must show that any reasonable person in the defendant’s position would have acted differently under the same circumstances.
When negligence has been established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant’s actions. Certain kinds of damages are easy to calculate like property damage and medical bills. Others are not so easy to judge, such as emotional distress and loss of earning capacity, these require further expert testimony.
Common Torts and Defenses
The word “tort” comes from the Latin term twist, wrong, or harm. Personal injury law encompasses a number of causes of action besides negligence. Many of these fall under intentional torts. As described, in these situations, the defendant acts purposely to harm the plaintiff. Examples of this are assault, battery, theft, trespass, and inflicting emotional distress.
Another common tort involves injuries caused by defective products. The liabilities in these cases can be placed on the manufacturer. They can be put in the position of acting negligent by designing and selling an unsafe product. Plaintiffs that were hurt by a defective product are able to sue under a strict liability theory. Product liability cases can become large class lawsuits were many plaintiffs are affected and sue for a large settlement collectively.
On the other hand of the tort spectrum, there are certain cases where defendants will be liable even though they did everything possible to avoid causing harm. This is referred to as strict liability. The law will hold a defendant liable if someone is hurt while the defendant is engaging in a highly dangerous activity, even if the activity is legal and all precautions are taken. An example of this is building demolition and transporting hazardous materials.
Plaintiffs who want to avoid losing a tort case should hire legal counsel. An attorney will help avoid unfortunate circumstance of violating a statute of limitations (missing the deadline for filing a lawsuit), which is always a concern for personal injury cases. Day Law Firm has experience lawyers ready to ensure you get your just compensation. Contact us today if you have been involved in a personal injury.