“Personal Injury” law covers all cases where someone is physically or emotionally injured, or their private property is damaged. A person may receive compensation for damages caused by someone else’s carelessness, negligence, recklessness, or intentional actions. Personal injury law is the largest area of “tort” law.
The elements of tort civil actions are:
A legal duty between the one doing the wrong (the defendant) and the person injured (the plaintiff);
- A breach of that duty; and
- Damages that occur because of that breach.
When all elements take place, a personal injury, or tort, has occurred.
Forms of Personal Injury Law
Liability can be caused by negligence, intentional acts or under a unique theory called “strict liability.
- Negligence: A negligent act occurs when someone fails to take appropriate action and you are harmed as a result of that failure. For example, negligence occurs if someone fails to stop at a red light and proceeds through an intersection and hits your car.
- Intentional Act: An intentional act occurs when the person committing the act wants to engage in the conduct. For example, an intentional act is committed if someone takes a baseball bat and intentionally hits you with the bat.
- Strict Liability: Strict liability means that there is responsibility to others whether or not unreasonable conduct was involved.
a) Products liability is another example of when strict liability may apply. 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 the injured party does not have to prove intent or negligence, only that the product was defective through no fault of their own, and that harm was done.
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 damages caused.
Once a personal injury has occurred, the defendant has a liability to make good the damage done. “Damages” are what is owed to you to compensate you for your loss. Damages can be agreed upon by you and the injuring party without the need to go to trial or file a lawsuit. However, the damages offered to you may not fully compensate you for your loss, especially if you have suffered physical injury and have not been able to work. Hiring a personal injury lawyer ensures that you are treated fairly through this process.
Getting Legal Help – Personal Injury Lawyer
If you are the victim of a personal injury, there are several things you can do to help yourself. First and foremost, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. You should be cooperative with the police, your own treating physicians, and your own insurance company, but be careful about discussing your case with anyone else before contacting an attorney
If you believe your injury was caused by someone else’s carelessness, negligence, recklessness, or intentional actions, call The Rothenberg Law Firm LLP at 1-800-624-8888 or submit an online questionnaire. The initial consultation is free of charge. If we agree to handle your case, we will work on a contingency fee basis. This means we get paid for our services only if there is a monetary recovery of funds.
In many cases, a lawsuit must be filed before an impending expiration date, known as a Statute of Limitations. Therefore, it is essential to call right away to ensure that you do not waive your right to possible compensation.
Submit an online questionnaire to speak with and experienced personal injury attorney. The initial consultation is FREE of charge. If we agree to handle your case, we will work on a contingency fee basis- we only get paid for our services if there is a monetary recovery of funds.
A lawsuit must often be filed before an impending expiration date, known as a Statute of Limitations. It is essential, therefore, to please call right away and ensure you do not waive your right to possible compensation.