Personal injury law or tort law is executing the legal process of obtaining justifiable compensation to a person’s physical, mental, and emotional hurt due to someone else’s negligence or carelessness, which includes injury or wrongful death.
The situation becomes a legal case when the injured person, called the plaintiff, sues a person or business company, called the defendant. A personal injury lawsuit will demand compensation on behalf of the plaintiff, claiming that the defendant cause the plaintiff’s injury and this compensation is in the form of money, which is equated into damages.
Personal injury cases include: car accidents, consumer product liability, injuries caused by animals, injuries from hazardous activities, slip and fall injuries and other premises liability, injuries to reputation cause by defamation. But basically, cases on personal injury law are more focused on injuries that are caused to an individual involving negligence. Negligence is established when the defendant failed to meet his legal duty of care resulting into the injury of the plaintiff. In order for the plaintiff to win his case in court, the plaintiff must prove the following: the defendant had a duty to be responsible toward the plaintiff; the defendant breached that duty or failed to live it up; the defendant’s failure on his duty has caused the plaintiff’s injury; the plaintiff has suffered damages as a result. During the process of establishing proofs, the statute of limitations gives the plaintiff a specified time period to prepare and present his case in court, check it out!
On the part of the defendant, he may raise number of affirmative defenses to protect himself from liability. Affirmative defenses are arguments that state that the defendant is not responsible for the plaintiff’s injury or, if the defendant is responsible, he should not pay for a valid reason. Comparative and contributory negligence are affirmative defenses that argue that the plaintiff is partly responsible for his injury. Other affirmative defenses are assumed risk and incurred risk which argue that the plaintiff knew that he might be injured. Learn more about laws at https://www.britannica.com/topic/legal-ethics.
If the plaintiff has legally proven that the defendant has been negligent, the jury or judge must calculate the amount of money as compensation to the plaintiff. Compensation covers medical bills, lost wages, attorney’s fees and emotional and psychological damage.
Most personal injury cases do not go to trial, but instead they resolve the case through mediation or arbitration. This is where the plaintiff and defendant work out the issue and decide on a settlement, which is an amount the defendant will pay to compensate the plaintiff, click to know more!