When we talk about this legal term, it usually revolves cases regarding injuries caused by car accidents or medical malpractice. Many use term the “tort” to describe this branch of law, the word tort has roots in Latin, which means wrong or harm. Cases regarding this type of law doesn’t include the state of government, but private parties, who seek compensation, usually monetary, for wrongdoing or injury that has been done to them.
Negligence is number one reason for personal injury cases and by it every person must show the act of responsibility towards others in order to avoid putting them in harmful situations. Negligence doesn’t always include that someone must be hurt and it admits some cases to be done unintentionally and cannot be avoided. So that negligence can be the subject of the lawsuit, it must be proven that some person had a choice to act differently in presented situation.
Most common cases of negligence are car accidents which include drunk drivers, medical malpractice and dog bites where the owner or person responsible for the dog failed to take care of it and let it loose. Each one of these cases had a one party failed to interpret the situation that cause the harm to another party of plaintiff.
Once the case of personal injury has been established, the person who caused harm, or defendant, must compensate all injuries that he caused to another person, or plaintiff. Some type of damages can be calculated easily, like medical costs or property damage, but others that include psychological damage can’t be done that easy, without expert help who can confirm and prove degree of the damage. Check Chicago Wrongful death lawyer page and search for help.
When the tort case has been initiated, it can be hard to identify the right defendant, because he may not be financially capable to pay off the large compensation. An experienced lawyer, who practices law in this branch, can easily recognize the persons who caused harm to plaintiff, based on their connection. Money compensation can vary from case to case and injured parties should always hire an experience lawyer who can help them. Read More
Personal injury law compensation doesn’t only include negligence, its field of practice is large. Some of them are “intentional torts”. In these cases, one party acts intentionally to cause a harm to another party, such as: assault, trespass, false imprisonment, battery, theft and many others.
On the other hand, the law will find responsible even those parties who took everything possible in certain situation to avoid doing something harmful to another person. These situations are mentioned as a strict liability. The law will hold responsible those parties who caused harm to plaintiff while conducting extremely dangerous situation. These cases include, demolition or building and transport of dangerous material.
Other type of tort cases include harm caused by faulty product. Accountability regarding these cases can be built on the preposition that person or company who developed some product intentionally failed to inform their costumes of its unsafe use, this case can be considered as negligence. Or If certain circumstances are fulfilled, person who was hurt by faulty product, may have the possibility to sue based of “strict liability theory”. These cases can include large number of people and high monetary compensation.
Some lawyers resort to different solutions to defend personal injury liability. If the case involves negligence, defendant may present that plaintiff didn’t use the product with care, or that he knew about consequences and he voluntarily continued to use it, which means he accepted the risk.
The party to whom the harm is done, in order to avoid losing this type of case, should always hire a lawyer. If the person hires the lawyer he will avoid unwelcome situations regarding a time limitation of filling for a lawsuit, which is number one priority in personal injury torts. And having a support from a lawyer the injured party will feel more secure and protected. Maybe you need help from Orange county Injury lawyer , visit our page and found out more. Read More
Those parties who manage to win in personal injury cases, usually have the right on compensation of the damage. The jury is the one who decides the degree of personal injury, but the court has the final word regarding the amount of the compensation, if it’s too big or too small. A personal injury damage compensation can involve “compensatory damages and punitive damages”.
First type, the compensatory damages, include the state of the victim before the injury occurred, which means they return the victim in the state before the accident, like it never happened and they will seek compensation on all levels, financial, physical and emotional. Compensatory damages can have two types, first one includes money loss and the second some other loss.
Compensation for monetary loss involves:
Medical costs – injuries for medical costs may involve previous and following medical care and rehabilitation. Future medical expenses can be calculated by the rest of the life of injured party.
Expenses of living with some permanent condition – this type of condition may effect on injured party to suffer from some type of permanent disability in which the injured person will have to change its life completely in order to adapt. All monetary costs will have to be covered.
Lost salaries – a person has the right on all lost salaries while recovering from harm. Earning capacity is also included.
Correction or substitution of the property – an injured party has the right to charge all costs of the property damage caused by the car accident. Property is evaluated by the present value on the market, when accident happen.
Funeral costs – in this case the family of the injured party has the possibility to charge cost for the funeral.
Compensation for non – monetary losses
Pain and suffering – this type includes physical pain and emotional pain. Emotional pain includes: fear, anger, loss of feeling to enjoy in life and others.
Loss of consortium – husband or wife may receive compensation for damages that may affect their marriage live, such as: loss of comfort, affection, solace and others.
Punitive damages are designed to punish the person who committed the damage. If you want to know more about palm beach Car accident attorney please visit our page. Read More