By an individual or a party, if you were harmed or injured at that time, personal injury law helps you to protect yourself and claim legal remedy (for damages). Due to someone else negligence, you can sue. In other words, personal injury law is called “tort” law.
This article outlines will help you to know the ins and outs of Personal Injury law so that you can understand how to deal with this cruel moment. Keep Reading…
The fundamentals of Personal Injury
In a different situation where personal injury works
Accidents: Personal injury rules can apply where somebody did something with negligence, and it can be for a careless manner that harm someone else, such as a fall, slip, car accident, etc.
Intentional Acts: Different types of intentional torts include battery and assault. In those situations, personal injury laws will be applied cause of someone’s intentional acts.
Defective Goods: When a consumer buys a product, a vehicle component, medical device, or other product that unnecessarily defects or is dangerous to use, these situations a consumer can cause a lawsuit against the manufacturer.
Defamation: When one person’s humiliating statement harms someone, personal injury laws can apply.
Who does make personal injury laws?
Judges make general rules, but personal injury laws are opposed to common laws made by legislature’s statutes and bills.
When a judge decides to make a decision, their order becomes a binding precedent for other courts in the country. All courts then apply the first judge’s judgment and eventually create a common law.
In most cases, when legislatures make compensation laws, they take an instance, work-related injuries and stay away from the personal injury laws.
Some states take personal injury cases with some limitations for some critical periods, and at that time, you can make an injury-related lawsuit to the civil court.
Personal Injury Claims
Various injuries to a person’s body include reputation, emotions, or property rights. In three sectors, you can claim for personal damages…
Negligences: The most basic personal injury claim is negligence. When a person unconsciously does some acts, or their level of carelessness harms someone, this is the criteria of failure. For example, a person leaves open his crazy dog, and the dog bites someone.
Strict liability action: When a company commits to giving an excellent product to the consumer but intentionally or unintentionally, the product damages or becomes harmful to the person using it. For this dangerous product, the manufacturer is fully responsible the injury even though they did not want to harm by their products.
Intentional wrongs: When an intentional wrong act happens by the defendant. The common torts include false imprisonment, battery, assault, trespass to chattels, Intentional infliction of emotional distress, and trespass to land.
Personal injury claims come from harm that injured the body. Such as:
- Toxic torts
- Nursing home abuse
- Medical malpractice
- Assault
- Product defect accidents
- Workplace accidents
- Automobile accidents
Non-bodily harm such as:
- Invasion of Privacy
- Intentional infliction of emotional distress
- Defamation
- False detention, imprisonment, or arrest
- Malicious prosecution
If the plaintiff gets successful in their claim, they will get money damages for their injuries. Damages for personal injury included the following (Not limited):
- Travel expenses
- Household assistance
- Mental and emotional distress
- Pain and suffering
- Medical expenses
- Lost wages
Elements of Negligence
Simplify the word negligence which means someone who failed to take conscious steps that could take by any reasonable person at that moment of the incident. The four elements of negligence include Breach of duty, duty, damages, and causation.
Breach of duty: A breach of duty already exists in duty law. If a plaintiff can prove a defendant breached the duty or violated that owed the plaintiff. For example, if a driver hits a crosswalk or a pedestrian, he breached the duty law.
Duty: Some sorts of duty owed to the plaintiff from the defendant. For example, every driver has to operate their car safely on the road.
Causation: In that case, the plaintiff must prove that the injury happened for the defendant’s negligence. Or otherwise, the plaintiff must prove that the cause of harm occurred by the defendant’s what was predictable.
Damages: Lastly, in the personal injury case, the plaintiff must show a form of damages so that the plaintiff show he was harmed by the defendants.
The Bottom Line
Above all kinds of stuff are about personal injury laws that may help you to find out what to do and where to do about personal injury.
If the plaintiff sits for a settlement with a Seattle personal injury lawyer and the case is closed or not, they can claim with all documents.
