When a person is injured as a result of the negligent or deliberate actions of another person and is entitled to fair and reasonable compensation for medical expenses, loss of income, and pain and suffering, their case falls under personal injury law (tort law). There are a number of circumstances in which personal injury cases arise, although not all situations that result in injury involve another liable party.
Let’s take a look at some of the more common types of personal injury cases:
Car accidents are one of the leading causes of personal injury claims being filed in the U.S. Accidents usually occur as result of someone not paying attention while driving or failing to follow the rules of the road. A driver who, through their own carelessness, causes another person to suffer injuries is financially responsible for the victim’s injury compensation claim payment. This does vary from state to state, however.
When a patient suffers injuries as a result of a medical professional’s error or failure to provide proper care they can claim medical malpractice against the liable party.
Slip and Fall
This is another very common reason for filing a personal injury claim. Property owners, both commercial and residential, are required to maintain their premises in such a way as to prevent others from sustaining injury as a result of a slip and fall. The liability of the property owner is, however, dependent upon each situation and the laws of the state in which the incident occurred. Slip and fall injury claims are typically subject to premises liability laws.
Libel and Slander
Libel and slander (defamation of character) claims are made when a person’s reputation suffers as a result of an untrue statement being made about them. A defamation of character claim depends upon the claimant being able to prove that they suffered financial loss as a result of someone else saying or writing something that is untrue about the claimant.
The average person only needs to prove loss of income and that the untrue statement was made, but celebrities and public figures have to prove that the statements were made with “actual malice”. Actual malice means that the statement was made intentionally to cause the claimant to suffer or that it was made with reckless disregard of the truth of the statement.
This is another common personal injury claim and in many cases is clear-cut as the owner of the dog responsible for inflicting injury is liable for all damages. Laws do vary from state to state, however. In some states, a dog owner is not liable until the dog is known to be aggressive (has a history of biting), but in other states, the dog owner is responsible from the first dog bite.
Intentional torts are different to accidental in that they often involve a criminal case also. The guilty party will often face criminal charges as a result of their deliberate (intentional) actions. This is often the case when one person intentionally attacks another. While the guilty party’s actions will be dealt with in criminal court the injured party may want to pursue a civil case to gain compensation for their injuries.
If you suffered an injury through no fault of your own, talk to Rodney Okano today.