Introducing, the Tort Law

By: Lala C. Ballatan

Have you experienced acquiring physical injuries along with tremendous hospital bills for treatment and other various costs through no fault of your own? Suffering from injuries is bad enough and it is much worse if you acquired it as a result of negligence on the part of another person or group. Well, fret no more, you can file a lawsuit and charge the person or persons responsible for your injuries and attain sufficient compensation.

How do you go about with this? First, you have to understand the personal injury or tort law. This is a branch of civil law protecting the rights of a personal injury victim to claim for damages from the responsible party/parties. In filing a personal injury lawsuit, the lawyer refers to the personal injury law to establish his or her client’s case.

According to the personal injury law, the plaintiff is the direct victim of an alleged wrong. However in wrongful death cases, the loved ones of the victim are the plaintiffs. Meanwhile, the defendant is the person or group believed to be legally responsible or accountable for the injuries sustained by the victim.

As a generalization, personal injury lawsuits intend to claim sufficient compensation for the injured party or the plaintiff. This kind of cases also serves as sufficient warning to the responsible party or the defendant to refrain from repeating the behavior or practice which caused the injury to begin with.

Personal injury lawsuits have specific guidelines that vary depending on the state where the suit is brought up.

There are also other circumstances that contribute to coming up with varying decisions with regards to this kind of case.

In building up a credible personal injury case, the liability and damages are the main elements needed to be brought to light. It is the plaintiff’s obligation to prove the liability or legal responsibility of the defendant for the injuries. Aside from this, the plaintiff also needs to present the extent or amount of injury or loss that he or she experienced, which is referred to as damages, incurred due to the defendant’s negligent action.

In determining these two main elements, there are three legal bases to establish.

Intentional wrong – the defendant is aware or has intended to inflict the injury to the plaintiff. However, this basis is least often used. In case this situation arises, it can be brought up also with criminal charges

Negligence - the defendant is accused of being responsible for the injury because of failure to prevent it. Personal injury cases involving situations like slip and fall, reckless/inattentive driving resulting to car accidents are qualified for a personal injury lawsuit based on negligence.

Strict liability – the defendant has legal responsibility in creating a situation or producing a product which caused injuries to the plaintiff. Making or releasing defective or unsafe products is a perfect example of personal injury case based on strict liability. As long as the product is used by the plaintiff as it was intended to be used and suffered injuries from it, the strict liability applies even without the basis of malice or negligence.

Even before reaching formal courtroom proceedings, most personal injury cases already get settled. Cases that actually go into trial in court are either heard by a judge or a jury in determining the extent of damages and liability for it.

The amount of money to be awarded to the plaintiff as payment for damages is determined by either the judge or the jury. Some payments for damages amount up to millions of dollars.

If you have grounds to believe that another person or group is liable for your injuries, then you may go file for a personal injury claims lawsuit. Evaluate your case carefully with the help of an experienced personal injury attorney as soon as possible.

There is a limited amount of time given in filing of personal injury cases. However, the statute of limitations varies from state to state. By knowing the strengths and weaknesses of your casePsychology Articles, you may determine early on if your case has a big chance of winning.

Top Searches on
Legal Matters
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 
 • 

» More on Legal Matters