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A Brief Guide to Torts and Personal Injury Law

In any wrongful conduct case subject of civil litigation, the possible remedies and protections are covered under personal injury law. Personal injury claims out of civil as opposed to wrong criminal conduct are torts . These cases involve a claimant privately seeking compensation, usually in the form of money, for harm resulting from the defendant’s action.

Negligence–The Legal Fundamental

Negligence is the doctrinal groundwork for most successful personal injury lawsuits. Basically, the principle calls on everyone anywhere to always act responsibly and steer clear of subjecting others to potential injury. 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.

Example of Negligence Cases

A vehicle crash involving an intoxicated driver or medical complications arising from a doctor’s irresponsible acts of omission or commission may constitute negligence cases. Any dog attack occuring when a ferocious animal is let loose by its owner is potential grounds for negligence. In such situations, the liable individual failed to act reasonably as lawfully required, resulting in plaintiff’s injury.

Should the defendant be determined to have been reckless in a personal injury lawsuit, the court orders them to reimburse the claimant for all suffering, damages, and losses resulting from the exact incident. Replacement/repair of property and treatment costs constitute damages that are easy to work out. Yet, quantifying mental distress and lost earning potential usually calls for professional input. In some personal injury cases, punitive damages may be sought to discourage specifically egregious conduct.

Some Common Torts and How They’re Countered

Other than negligence, personal injury law envisages a number of causes. Many of such cases fall under intentional torts. As portrayed by their categorization, these incidents have a defendant who moves intentionally to hurt the complainant. 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. Consignment of dangerous substances, such as petroleum, and knocking down buildings are potential strict liability situations.

You can defend against personal injury liability in several ways. 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.
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