Tort Claims for Personal Injury: A Legal Explanation In any wrongful conduct case subject of civil litigation, the possible remedies and protections are covered under personal injury law. Civil cases (not criminal wrong doing) resulting to personal injury are defined as torts. These cases involve a claimant privately seeking compensation, usually in the form of money, for harm resulting from the defendant’s action. The Legal Doctrine of Negligence The doctrine of negligence forms the basis for most valid personal injury cases. Basically, the principle calls on everyone anywhere to always act responsibly and steer clear of subjecting others to potential injury. However, negligent acts do not always lead to harm. The liability standard, as per the doctrine, is thus attained if the claimant proves the actions of a reasonably prudent individual would have differed in the same situation as the accused.
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Situations Involving Negligence
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A negligence case may exist in a car accident caused by a drunk driver or medical complications following reckless acts or inactions of a doctor. A dog owner may have acted negligently if they let loose an aggressive dog that ended up biting someone. In each case, the responsible party neglected their duty of reasonable care, causing injury to the plaintiff. Once a court determines negligence on the part of the accused in a personal injury case, the accused must compensate the plaintiff for injuries, damages, and losses the incident in question caused. Loss/damage of property and medical bills are some of the losses that are easy to calculate. However, expert witness may be needed to help calculate psychological agony and lost earning capabilities. Punitive damages may apply to hinder principally abominable behavior depending on the specific personal injury lawsuit. Typical Tort Cases and Their Legal Defenses Other causes may apply in personal injury legalities beyond just negligence. The majority of the cases are classified as premeditated torts. As per their obvious classification, these situations encompass an accused that acts purposefully to hurt the claimant. Typical examples are false imprisonment, assault, theft, and battery. The opposite end of tort law has cases where the defendant is found liable despite evidence that they did everything possible to avert the risk of harm to others. Strict liability is the classification of such cases, where the law finds the at-fault individual strictly liable in case they participated in a highly unsafe action that ends up harming someone, regardless of legality of the activity or prior implementation of precautionary measures. Possible strict liability scenarios include demolishing structures and shipping hazardous materials like petroleum products. You can defend against personal injury liability in several ways. In a negligence case, you may argue that the claimant failed to exercise due care, and is liable for their injury, wholly or partially. The plaintiff’s actions may also indicate their assumption of the danger.