Personal Injury Law
What is personal injury law?
Personal injury law is sometimes known as tort law. Torts are civil wrongs that are recognized as legal causes for lawsuits. Injury or harm received by the victims of such wrongs provides the basis for a claim for damages incurred by the injured party.
Are there different kinds of torts?
Yes, they are generally grouped as to the severity of the consequences.
They are as follows:
Intentional tort – the defendant knew, or should have known, injury could occur as a result of his or her actions or inactions.
Negligent tort – the defendant didn’t know that an injury could occur as a result of his or her actions and was acting in a reasonably safe manner.
Strict liability tort – a specific action caused the damages rather the a lack of care on the defendant?s part.
What are the most common personal injury lawsuits?
The most common court cases are automobile accidents and vehicular wrecks; however dog bites and slips and fall are a close second. Sexual abuse and wrongful death may be some of the most heartbreaking cases to be heard in the court system. Denial of civil rights and unfair employment practices, medical malpractice, professional malpractice, product liability, slander and damage to property are just a few of the categories under this giant umbrella of personal injury law. When you have received an injury to yourself or your property, it may be time to seek advice from a personal injury attorney.
How much money can I sue for?
Money awards in a litigation case are called damages. Damages usually include medical and therapy expenses, lost wages and pain and suffering. A court can also award punitive damages which are not based on specific losses of the victim, but instead serve to ?punish? the defendant.
I think I am being offered a pretty good settlement by the insurance company. Do I really need a lawyer?
It is in your best interest to see a personal injury attorney before signing any papers or accepting any settlement amount from the insurance company. Ask yourself, “Does the insurance company have an attorney?” Then ask yourself if they have your best interests in mind.
I’m not sure that I want to go to court over this, but I would like to reserve my right to do so. Is this possible?
It is advisable to see an attorney experienced with personal injury claims as soon as possible. Although you may not want to file suit right away, be aware that there is a “statute of limitations” for filing a personal injury claim, so your time to file is limited by the law.
Also make certain that, even though you are not sure if you want to file suit at this time, you document your injuries and the circumstances surrounding your case while it is still fresh in your mind. If you should decide against a lawsuit at a later date, this measure will make it easier to recall the important details.