What is Personal Injury Law?

This law belongs to the legal defenses and remedies that are involved in civil lawsuits that is brought as a result of wrongful conduct.  Actually, the word ‘tort’ comes from Latin term which mean wrong, twist or harm.  Compared to criminal law, a tort action does not involve the government prosecuting the offender.  Mostly, these cases involve a private plaintiff looking for compensation which is usually money, for the harm that has been caused by the defendant’s action.

Most of the personal injury cases are based on the doctrine of carelessness. Basically, carelessness requires every member of society to avoid putting others at risk by acting responsibly.  That is not to say that carelessness will result every time someone gets hurt. Some of the accidents that the doctrine recognizes are unavoidable.  The plaintiff needs to show that a reasonably careful person in the defendant’s position would have acted differently under the circumstances to establish liability.

Some examples of negligence are car accidents caused by drunk drivers, dog bites that happen when cruel animals are permitted to roam free, medical complications resulting from a physician’s carelessness. In every one of these examples, the responsible party ignored the risk caused to others, and the result is that the plaintiff was injured.
doctrineWhen they establish carelessness in a personal injury case, the defended is obligated to pay the plaintiff for all the injuries that have been caused by the defendant’s actions. Some types of damages are easy to calculate, like medical bills and property damage.  The other types of damages like loss of earning capacity and emotional distress need to have expert testimony. There are also available punitive damages that are meant to deter and punish particularly egregious conduct.

It can be difficult to identify the proper defendants, by initiating a tort action. This is because the “tortfeasor” who directly injured the plaintiff – no matter if it is a nurse, delivery driver, grocery store clerk or some other individual – do not have the financial resources to pay a big judgment. Then, an experienced injury attorney can recognize and sue additional parties who are legally responsible based on their relationship to the tortfeasor, such as employer or landlord.

A personal injury case can become formal ‘Lawsuit’ in order to find others legally fault through a judgment court, or more common way, it can be resolved through informal settlement without any lawsuits.

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– Formal Lawsuit.  This action is also known as ‘filing a lawsuit’.  Different from criminal cases, a formal personal injury case typically starts when the plaintiff files a civil complaint against another person, corporation, business or government agency, claiming that they acted irresponsibly or carelessly regarding an accident or injury that caused harm.

– Informal settlement. Commonly, settlement takes the form of negotiation, which is followed by a written agreement in which both sides without any further action (lawsuit), choosing instead to resolve the matter through payment of an agreeable amount of money.

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