Personal injury law, also referred to as tort law, provides leeway for injury victims to seek compensation for injuries caused by other parties. Still, the compensation may not come easily, so the victim must learn the basics of personal injury law when pursuing a claim.
This guide delves into the basics of personal injury law and can help you with everything you should know about the topic, even as you seek additional legal advice.
Accidental Injury Claims
Personal injury claims fall into three categories: Accidental injury claims, strict liability claims, and intentional tort.
Most personal injury claims fall under the accidental injury claims category, which arises from injuries suffered due to another party’s mistakes and is negligence-based.
A victim has to prove all four elements of negligence on the defendant’s part to succeed in an accident or injury claim: duty of care, breach of duty causation, and harm. Examples of accidental injury claims include medical malpractice, car accidents, slip and fall accidents, etc.
Strict Liability Claims
Strict liability claims arise from injuries that are a direct outcome of the actions or inactions of another person and are not negligence-based. The victim only needs to prove that a defendant caused their injuries.
A good example of a strict liability application is everywhere a defective product causes harm to a user. Under such circumstances, the manufacturer is liable for the damage, although the fault may not result from negligence or intentional conduct.
Intentional Tort
Intentional tort claims, as the name suggests, arise from injuries from intentional conduct. Search contacts can include assault, battery, and rape.
In most cases, intentional tort claims follow a conviction with the underlying crime. However, you could file an intentional tort lawsuit even when the defendant is not convicted of the underlying crime.
Who Is Liable in A Personal Injury Lawsuit
Liability for personal injury falls on the person with a duty of care, which in most cases is the person directly responsible for your injuries and will have liability for damages. For example, suppose you are hurt in a car accident. In that case, the driver will be liable for damages.
In some cases, another entity other than the person directly responsible for your injuries will have liability. An example is if the person responsible for an accident is an employee engaged in an activity within the scope of employment, in which case liability will be on their employer under the doctrine of vicarious liability.
Liability can also fall on a third party; for example, if a truck or delivery van accident occurs due to a faulty part, neither the driver nor the employer will be liable for damages. Instead, liability will fall on the faulty part manufacturer.
Irrespective of their liable party, you will likely be dealing with the insurer, so you can always be sure they will fight. Your best chance of a favorable outcome is to involve a lawyer in your claim.
Recoverable Damages In A Personal Injury Lawsuit
“The purpose of seeking legal redress in the form of an injury lawsuit is to recover economic and non-economic damages. Economic damages are financial expenses directly linked to your injuries, for example, medical expenses and lost wages,” says attorney Michael McCready of McCreadyLaw Injury Attorneys.
Non-economic damages or losses that are unquantifiable in monetary terms, such as pain and suffering, loss of consortium, emotional distress, PTSD, disability, and disfigurement.
There is also a third category of recoverable damages known as punitive damages. Punitive damages are rarely awarded and only apply to cases that involve gross negligence or intentional conduct.
