Personal injury law covers a wide range of legal disputes that arise when one person suffers harm due to another person’s wrongful act or negligence. These cases involve car and slip-and-fall accidents, medical malpractice, and defective products. If you have been injured due to someone else’s wrongdoing, you may be entitled to compensation for your damages.
Personal injury law is also known as “tort law.” A “tort” is a civil wrong that gives the victim the right to seek money damages from the person who caused the harm. There are three general types of torts:
1) Intentional torts: The defendant intentionally causes harm to the plaintiff, such as assault or battery.
2) Negligence: The defendant’s carelessness results in injury to the plaintiff, such as in a car accident.
3) Strict liability: A defendant can be held liable for damages even if they did not intend to cause harm, as in certain product liability cases.
To win a personal injury case, the plaintiff must prove that the defendant is liable for the damages. This can be done by showing that the defendant acted intentionally, recklessly, or negligently. The plaintiff must also show that they suffered damages due to the defendant’s actions.
If you have been injured due to someone else’s negligence, you may be able to file a personal injury lawsuit to recover compensation for your damages. Contact an experienced personal injury attorney to learn more about your legal rights and options.
What Is Comparative Fault?
In some personal injury cases, the question of who is at fault for the accident is not clear-cut. In these cases, the court may use a “comparative fault” doctrine to determine who should be liable for the damages. Under comparative fault, the court will assign a percentage of fault to each party based on their degree of responsibility for the accident. Their percentage of fault will then reduce the plaintiff’s recovery.
For example, if the court finds that the plaintiff is 20% at fault for an accident, the plaintiff can only recover 80% of the damages from the defendant.
Comparative fault laws vary from state to state, so it’s important to check your state’s laws to see how they may affect your case.
What Are Damages?
If the plaintiff successfully proves that the defendant is liable for the accident, the next step is determining the amount of damages that should be awarded. “Damages” are any losses the plaintiff has suffered due to the accident. These can include economic losses, such as medical bills and lost wages, and non-economic losses, such as pain, suffering, and emotional distress.
In some cases, the court may also award “punitive damages” to punish the defendant for their actions. Punitive damages are not meant to compensate the plaintiff but to deter the defendant and others from engaging in similar conduct.
If you have been injured due to someone else’s negligence, you may be able to file a personal injury lawsuit to recover compensation for your damages. Personal injury law is a complex area of the law, so it’s important to consult with an experienced attorney to discuss your legal rights and options.