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Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action based upon one of three theories -negligence, strict liability or intentional misconduct– the one who caused the personal injury or harm compensates the one who suffered the losses.
Although they are not as frequently brought, claims for intentional acts that invade a legally protected interest of yours may be the basis for holding someone liable to you in tort. While perpetrators of some of the intentional torts– assault and battery, for example– can be held criminally liable for their actions, a tort case is a civil proceeding in court brought by an individual or entity and remains totally separate from any criminal charges brought by the government.Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues– liability and damages. If you can prove liability and damages, our system of justice will award you compensation for your loss.
How do I know if I have a personal injury case?
You must have suffered an injury to your person or property.Second, was your injury the result of someone else’s fault? It is not always necessary to have a physical injury to bring a personal injury lawsuit. Suits may be based on a variety of nonphysical losses and harms. In the intentional tort of assault, for example, you do not need to show that a person’s action caused you actual physical harm but only that it caused an expectation that some harm would come to you. (Assault is described in more detail later in this chapter.) You also may have an action if someone has attacked your reputation, invaded your privacy or negligently or purposely inflicted emotional distress upon you.
Most of the times, people often wonder as to why they need a personal injury attorney to represent their case. The truth is that, when you have an expert at the helm of the affairs, you can be sure that your case would be taken forward nicely in the court and that you will receive due compensation for the injuries caused to you in the accident.
Personal injury cases are reported year in and year out. In the event of personal injury, you are allowed to file a claim to fight for your rights and possible compensation. It is vital to seek legal assistance from a personal injury lawyer, as this is a professional who is trained in personal injury law, and helps clients to get rightful compensation.