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When
someone is physically or emotionally injured,
or their personal property is damaged,
it is considered in law to be a “personal
Injury”. The laws covering personal injury
allow the injured party to receive compensation
for damages caused by someone else’s carelessness,
negligence, recklessness, or intentional
actions. Personal injury law is also called
“tort” law. States and the Federal government
have enacted tort laws for the protection
of your rights. Tort actions have three
elements: there must be a legal duty between
the defendant (the one doing the wrong)
and the plaintiff (the person injured);
there must be a breach of that duty; and,
damage must occur because of that breach.
When all three elements take place, a
personal injury, or tort, has occurred.
The laws of our society place demands
on all citizens not to harm others. This
means that not only should people be safe
from harm, but their possessions also.
Whenever someone else harms you or something
that belongs to you, they become liable
to answer to the tort laws governing the
situation. Liability can be caused by
intentional acts, or torts, or by negligence.
An intentional act is one designed to
cause harm or injury. The person committing
the act wants to harm you. A negligent
act occurs when someone fails to take
appropriate action and you are harmed
as a result of that failure. For instance,
if an angry person throws a brick through
your car window, that is an intentional
tort (it may also be a criminal action).
On the other hand, if a careless driver
runs into your car, that is a negligence
tort. In the first case, the defendant
wanted to cause an injury; in the second
case, the defendant did not want to injure
you but failed to take the appropriate
action to prevent injury. In both cases,
the defendant had a duty not to injure
you or your property, because our laws
and society create that duty. The duty
was breached by the intentional or negligent
actions of the defendant, and damage to
your person or property resulted.
Another form of person injury law covers
“strict liability”. Strict liability means
that there is responsibility whether or
not negligence was involved. This is usually
applied to situations which are in themselves
abnormally or inherently dangerous. This
concept also occurs in the area of product
liability. Manufacturers are charged with
the responsibility of assuring that their
product is safe when used as directed.
If someone is injured by a product, under
the terms of strict liability they do
not have to prove intent or negligence,
only that the product was defective through
no fault of their own, and that harm was
done.
Once a personal injury has occurred, the
defendant has a liability to make good
the damage done. “Damages” is the term
for whatever is owed to you to compensate
you for your loss. Damages can be agreed
upon by you and the injuring party, through
insurance settlements, or by other means.
But often the damages offered to you may
not fully compensate you for your loss.
This is especially true if you have suffered
physical injury and have not been able
to work. Personal injury law is the mechanism
for determining who is in the wrong, or
in other words, who is “liable”, and what
the liable person should have to pay for
the damage caused.
If you are the victim of a personal injury,
there are several things you can do to
help yourself. First of all, make sure
that you seek proper medical attention
and that you follow up with the proper
authorities and your own insurance company.
If you believe your injury was caused
by the carelessness or intentional act
of another, you may want to contact an
attorney to discuss this. You should call
as soon as it is convenient to do so and
avoid discussing the matter with strangers
and/or insurance representatives who are
not from your own insurance company. You
should be cooperative with the police,
your own treating physicians, and your
own insurance company. Most personal injury
cases are covered by a statute of limitations,
which means that you only have a certain
period of time in which you can file a
lawsuit. If you have a personal injury
case that you would like us to review
please call BT & W. |
