Personal injury law, aka ‘tort law’, permits an injured person to gain financial compensation when they have sustained an injury due to the negligence or an intentional act of another. Personal injury lawsuits are one of most common types as they cover a number of situations from car accidents, medical malpractice, slip-and-fall accidents, defamation, dog bites, to assault and battery. After reading that long list, you can see why personal injury lawsuits are so common as multiple circumstances fall under the ‘personal injury’ umbrella.
Car accidents are the number-one cause of personal injury claims in the United States. Most often, when there is a vehicle collision, it is due to one driver’s carelessness. The at-fault driver could be under the influence of drugs or alcohol, speeding, driving under distraction, or just be a bad driver. In most cases when a driver causes an accident and is found guilty of one of the above acts, that driver can be held responsible for any injuries and/or property damage that resulted from the accident.
In medical malpractice claims, a doctor or health-care professional is being charged for causing a patient injury or failing to provide appropriate medical care. These cases tend to be the most complex and challenging to prove.
Slip-and-fall injuries are the causes of many common personal injury cases. Residential and commercial property owners are responsible for keeping their premises safe for others to prevent people from getting injured. This would include making sure sidewalks and pathways are clear of snow and ice, ensuring stairways have handrails and are safe, and ensuring that items are secured so as not to fall on people. Situations of liability do vary somewhat based on the landowner’s legal duty, state laws, and premises liability laws.
Dog Bite Injuries
Most often, the owner of the dog that has bitten or otherwise caused injury to another is liable for compensation to the injured individual. These liability laws do vary from state to state, because some need proof of the dog’s aggression in the past, while others operate under a ‘one-bite’ rule.
The term ‘injury’ does not just refer to physical injury, but also damage to a person’s reputation. This refers to cases of defamation of character via libel or slander when a person’s reputation is damaged or called into question due to the untrue statements of another. In most cases, the falsity of the statement has to be proven, along with proof of resultant financial losses, such as business and customer losses.
Assault and Battery Injuries
Assault and battery charges are based on intentional torts, unlike the carelessness and negligence that is at the root of more common personal injury claims. In these instances, an individual harms of injures another on purpose and with intent. These personal injury cases have a criminal aspect such as when one person attacks another causing bodily harm.
If you have found yourself in one of the above situations where you have sustained a physical injury due to another’s negligence, suffered a physical injury with intent, or suffered reputation damage due to the untrue statements of another, you should hire a personal injury lawyer. These lawyers are well versed in tort law and can ensure you receive the maximum amount of financial compensation to which you are entitled.