What does the personal injury law provide?
Under the personal injury law, also referred to as "the law of negligence", an individual who has sustained any form of physical or emotional injury, either as a result of somebody's negligence or because of an intentional act, is eligible to receive compensation for their pain and suffering if certain requirements are fulfilled.
Elements of the Personal Injury Law
When an individual is legally found guilty for causing personal injury to a third party, they are said to have committed a "tort" defined as an unintentional wrongdoing which has violated the interest of another person. Every person is by law assumed to owe other people a certain standard of care, and the breach of that legal duty results in the emergence of liability.
There are four basic elements that need to be present for one to file a personal injury claim:
- The defendant, also called tortfeasor, needs to have a legal duty of care for the safety of others, imposed by law. This legal duty of care is determined by the behavior of a reasonably prudent individual and it varies from situation to situation, as is the case with owners of property who owe different degrees of care to trespassers, licensees and invitees.
- A personal injury claimant must furnish evidence that the tortfeasor has breached the duty of care which they owe other people by law.
- Evidence of any personal injury sustained by the claimant must be provided.
- For the plaintiff to be awarded personal injury compensation damages, a direct cause link must be established between the negligent act of the defendant and the injuries sustained by the plaintiff.
Common Personal Injuries
The following are considered personal injuries that people can sue for damages for:
- Wrongful death;
- Animal bites;
- Back and neck injuries;
- Slip and fall;
- Birth injury;
- Defamation;
- Libel and Slander;
- Asbestos Mesothelioma;
- Brain injury;
- Construction accident injuries;
- Defective product injuries;
- Premises liability;
- Workplace injuries;
- Sexual abuse;
- Toxic Mold;
- Spinal Cord Injury, etc.
| Not a bit | Very useful |
- How to handle my bodily injury liability insurance claim?
- What is the best way to resolve a property damage claim?
- Who needs property damage liability insurance?
- Are defense costs and prejudgment interest covered by liability insurance?
- How do I negotiate an adequate personal injury settlement amount?
- Do I need a personal injury attorney to represent me in a serious personal injury lawsuit?
- What is the personal injury statute of limitations?
- What does it take to pursue personal injury compensation claims?
- How does liability insurance protect you in personal injury cases?
- Who is the general liability insurance coverage for?
- Are exemplary damages insurable and can you tell me the insurability of punitive damages by state?
- How does the law of negligence determine the standard of care?
- What is joint and several liability?
- What kind of insurance covers personal injury liability?
- What are the major Homeowners liability exclusions?
- Why do the self-employed need public liability insurance?
- Is it possible to get liability insurance for corporate fraud and bad corporate governance?
- What are the medical malpractice statistics for the states of California, New Jersey, New York, Florida, Texas?
- When does the medical malpractice statute of limitations expire?
- How does Directors and Officers (D&O) liability insurance work?