If you have been emotionally or physically injured or your property has been damaged, this falls under personal injury law. These laws are designed to ensure the injured party receives compensation for the damages due to another individual’s negligence, actions, recklessness or carelessness. This area of law is also known as tort law and functions on both the state and federal levels to protect your rights. In order to take tort action, there must be three elements present: a legal duty between the victim and the individual who caused the injury, a breach of that duty, and damages that occurred because of that breach. If all three elements exist, our personal injury lawyers can help.
A Societal Demand
The goal of many laws is to prevent individuals from harming each other. This helps ensure both people and their possessions are safe from harm. If someone harms an individual or their belongings, they are held to the tort laws specific to the given situation. Liability is typically established via intentional actions, negligence or tort. An intentional action is defined as one that was completed intending to cause harm, meaning the individual wishes to harm or injure the victim. Negligence is defined as failing to take the appropriate action that resulted in injuring someone or damaging property.
For instance, if someone throws a rock through a window, it’s considered intentional harm, which can also hold criminal consequences. However, if a careless driver damages your car, it is considered negligence instead. The first example is a case where the defendant intended to cause harm, while the second one is a case where an individual simply failed to take the right actions to avoid the accident. In both situations, the person who caused the damage is held liable for the resulting damages because of the duty set forth by society. This duty is breached because of either intentional or negligent acts, causing damage or injury.
Your personal injury attorney can also help with cases that fall under strict liability, which means an individual is held responsible, regardless of whether negligence is involved. This type of law is typically used when the situation is inherently or abnormally dangerous. Product liability also often falls under this category. In these situations, manufacturers are held responsible for ensuring their products are safe to use as intended. If an individual is injured when using a product as directed, there is no need to prove negligence or intent under strict liability. A personal injury lawyer needs only to prove the product was defective and resulted in harm.
Holding the Responsible Party Liable
After a personal injury occurs, the responsible party must pay for the damages. The term “damages” refers to anything that may be owed as compensation for your loss. These damages can either be agreed upon between the responsible party and the injured party, through an insurance settlement or by other methods. However, in many cases, the damages offered are not sufficient. This is typically the case when your injuries leave you unable to work. This is why it’s often best to seek the help of a personal injury lawyer to help you determine who was in the wrong and liable for the injuries to ensure the appropriate damages are paid.
If you’ve been injured due to no fault of your own, there are steps you should take. First, it’s important to get medical attention and follow up with your insurance company and the appropriate authorities. If you believe your injury was the result of someone else’s intentional act or carelessness, contact our personal injury attorney for help. It is critical to do this as soon as possible and avoid talking about the injury or the situation with the other party’s insurance representatives or even strangers. However, it’s important to continue cooperating with law enforcement, your own insurance company and your medical professionals. Personal injury cases typically fall under a statute of limitations, making it essential to act quickly to get the compensation you deserve.