Tort is a behaviour which can harm other people or their property. It is based on an idea where people are responsible for the consequences of their own actions, whether it is done purposely or by mistake. Therefore, through this law people can get back the cost of the damages committed against them. When someone harms any person, no matter if its physical or personal, the injured person has all the rights to seek the damages via the court.
Personal injury is a complicated area of law that is broken into several different types. First, you have two types of torts. Torts are injuries to a victim that result in a filed claim. Once filed, the victim is called the plaintiff and the person filed against is called the defendant.
Within these torts are further breakdowns of personal injury. In the category of negligent torts, there are motor vehicle crashes, certain types of medical malpractice, property related injuries, and many more. Intentional torts involve assault, battery, and false imprisonment, and civil theft, intentional infliction of emotional distress, defamation which can be in written form or verbal form.
A personal injury lawyer will specialize in one or a select few of these types of injuries. This enables them to get really familiar with the laws within their specialization and focus on polishing their skills to present the cases and represent their clients in the best light. As a result, they increase their chances of winning the case. When you consider hiring a personal injury lawyer, remember that using a lawyer that specializes in your case will give you the best chance of receiving proper compensation for your injury. If you are considering a lawyer that works in several different categories of personal injury, be cautious that they may be spreading themselves too thin. The more a lawyer focuses on a specific tort, the better they become at representing clients within that specialization. Always look for an experienced lawyer that takes most cases in one or two areas of personal injury.
For example, after a hectic day at the office a person stops at a bar to have a few drinks before he could get back home. After having his drinks he gets back into his car and drives back towards his home. Meanwhile while driving he bangs into some other car where many people got injured. It can be said that his intentions were not to hurt someone, but it is expected that he must have heard about the drink and drive rule which is strictly prohibited. Because the person intentionally had alcohol and planned to drive back home being drunk knowing that he might harm someone, then this proves to be an intentional tort. The person can be criminally charged.
A person name Kunal buys a brand new car from a local Auto dealership. After, few months he realizes that the car brakes are pretty soft and he immediately takes his car to the dealer’s shop. There they replaced his car brakes and said nothing will happen in the future. But a month later while Kunal was driving in a busy traffic his brake failed and he crashed into another car. Kunal was seriously injured and later on, he found out that dealer knew about the brake problem before selling the car. Thus, in order to sue the dealer, Kunal has to prove that the car brakes system was defective before itself and the dealer knew about the issue before they sold him the vehicle.
Therefore, when unreasonable actions by one party result in harming someone else, it is unlawful. Based on this tort law, the person who causes the harm should be held accountable. Even if the action is not intentional, as long as it inflicts physical or emotional pain and suffering on the other individual, it may be necessary to seek compensation. When someone receives personal injury due to the negligence of another, he/she may have a case against the perpetrator. However, as opposed to taking the law into their own hands, it would be wise to retain the service of a trial lawyer. It is risky for injured persons to take the law into their own hands by taking wrong actions. They will have to face the consequences. It is also not recommended that they represent themselves in the court. Not only will they have to prove their cases to a judge or jury, but they may also have to fight greedy insurance companies. Herein lays the wisdom of allowing a trial attorney to do what he/she does best, that is, provide proper and adequate representation.
Incidences that may cause personal injuries to others include automobile accidents, medical malpractice, nursing home abuse, slip-and-fall and work-related occurrences. These may result in a loss of wages due to the inability to work, temporary or permanent disability, and out-of-pocket expenses. In addition to experiencing pain and suffering, paying for assisted care, medical attendance and purchasing prescription drugs, many people encounter a reduced quality of life.
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