Personal Injury Law is the protection of victims suffering physical or mental pain due to the negligence of a company or an individual.
Personal Injury Law is a unique form of law. Successful personal injury lawyers are often very aggressive, highly experienced and actively seek the long-term well being of their clients.
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Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In fact, the word “tort” comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation (usually money) for the harm caused by the defendant’s actions.
Most personal injury cases are based on the doctrine of negligence. In essence, the law requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances.
Examples of negligence include car accidents caused by drunk drivers, medical complications resulting from a physician’s carelessness, and dog bites that occur when vicious animals are permitted to roam free. In each instance, the responsible party ignored the risk posed to others, and as a result, the plaintiff was injured.
Once negligence has been established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant’s actions. Certain types of damages are easy to calculate, such as property damage and medical bills. For other types, such as emotional distress, pain and suffering, and loss of earning capacity, expert testimony may be required. Punitive damages are meant to punish and deter particularly egregious conduct, also may be available.
When initiating a tort action, identifying the proper defendants can be difficult. This is because the “tortfeasor” (the person responsible for the injury) who harmed the plaintiff – be it a delivery driver, nurse, grocery store clerk, or other individual – may not have the financial resources to pay a large judgment. An experienced personal injury attorney can identify and sue additional parties who are also liable based on their relationship to the tortfeasor, such as a landlord or employer.