Personal Injury Law (also known as "Tort Law") allows an injured person to obtain compensation when a misconduct (negligence or willful act) of another person causes harm. There are several situations that can result in a valid personal injury claim, but remember that an injury does not automatically lead to legal liability. Let's take a look at some of the more common types of personal injury cases.
Cases of road accidents
Automobile accidents cause the majority of personal injury cases in the United States. When an accident occurs, it is usually because someone is not following the rules of the road or is not driving with due care. A negligent driver can (generally) be held financially and liable for injuries resulting from a road accident. There are exceptions in the dozen "no-fault" states, where drivers have to bill their insurers, with the exception of "serious" accidents. Find out more about road accident cases.
Cases of slipping and falling
Slip and fall claims are another common type of personal injury case. Owners (or, in some cases, those who rent out a property) have a legal obligation to keep their premises reasonably safe and harmless so that people on the property are not injured. Of course, not all injuries that occur on the property will result in liability. The exact nature of the homeowner's legal obligation varies according to the situation and legislation in the state where the damage occurred.
Medical negligence
A medical malpractice claim can arise when a doctor or other healthcare professional provides treatment that falls below the appropriate medical standard and, as a result, a patient is injured. But it's important to note that getting a poor result in setting up your treatment doesn't mean negligence has occurred. Learn more about when it comes to medical malpractice (and when it isn't) and why medical malpractice cases are hard to win.
Defamation: slander and slander
Defamation in the form of libel or slander refers to the damage to a person's reputation as a result of false statements. The exact nature of what a defamation plaintiff must prove varies depending on who the plaintiff is and the forum in which the claim was made. The average person generally only has to prove that a false negative statement was made and that the actual damage (financial loss) was caused by them. Celebrities or public figures, on the other hand, generally need to demonstrate "real nastiness". This means that they must prove that the misrepresentation was made intentionally or with reckless disregard for the truth of the statement.
Dog Bites
In most cases, dog owners are financially responsible for dog bites and other injuries. However, the exact homeowner liability laws vary from state to state. In some cases, strict liability rules exist and the dog owner will be liable for any damage caused by the bite, even if the dog has never shown aggression or propensity to bite in the past. In other states, there are "one bite" rules whereby owners are liable for personal injury only once there is a reason for owners to know their dog is aggressive or prone to biting (like a previous story. of bites). on "one bite" liability versus "tight" liability in dog bite cases.
Battery, battery and other intentional wrongdoing
Unlike most other types of personal injury claims, intentional wrongdoing is not based on accidents caused by negligence or carelessness, but rather when one person harms or injures another on purpose. These cases may involve the added aspect of a criminal case against the perpetrator. For example, when one person physically attacks another, he may face criminal charges. Additionally, the victim can file a personal injury compensation claim in civil court and seek compensation for injuries resulting from the assault. Learn more about intentional wrongdoing.