Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action based upon one of three theories -negligence, strict liability or intentional misconduct– the one who caused the injury or harm compensates the one who suffered the losses.
Although they are not as frequently brought, claims for intentional acts that invade a legally protected interest of yours may be the basis for holding someone liable to you in tort. If someone hits you, such as, even as a practical joke, you may be able to win a suit for battery. Or if a store detective wrongly detains you for shoplifting, you maybe able to win a suit for false imprisonment. While perpetrators of some of the intentional torts– assault and battery, for example– can be held criminally liable for their actions, a tort case is a civil proceeding in court brought by an individual or entity and remains totally separate from any criminal charges brought by the government.Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues– liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.
How do I know if I have a personal injury case?
You must have suffered an injury to your person or property.Second, was your injury the result of someone else’s fault? It is not always necessary to have a physical injury to bring a personal injury lawsuit. In the intentional tort of assault, for example, you do not need to show that a person’s action caused you actual physical harm but only that it caused an expectation that some harm would come to you.
Most of the times, people often wonder as to why they need a personal injury attorney to represent their case. The truth is that, when you have an expert at the helm of the affairs, you can be sure that your case would be taken forward nicely in the court and that you will receive due compensation for the injuries caused to you in the accident.
Personal injury cases are reported year in and year out. In the event of personal injury, you are allowed to file a claim to fight for your rights and possible compensation. It is vital to seek legal assistance from a personal injury lawyer, as this is a professional who is trained in personal injury law, and helps clients to get rightful compensation.
A personal injury lawyer can be described as a attorney that provides legal representation to all those who can claim to have been injured in the recent past. Thus these personal injury attorneys always tend to be very knowledgeable and also have a lot of experience with regard to this area of law which is known as tort law.