Personal Injury-Negligence versus Intentional torts

Personal Injury-Negligence versus Intentional torts

Posted by on Jan 25, 2016 in Personal Injury, Negligence |

Law that covers personal injuries is better known as tort law, and there are two big areas within this law. There are cases that are brought before the court due to negligence by certain party which caused injury to the victim, and then there are intentional torts, which are personal injuries that are caused with certain degree of intention.

In case of negligence, there are four main components that are used to build negligence case:

-Duty of all people is to exercise reasonable amount of care in whatever we do. That duty must be respected in all cases, for example a drivers duty is to drive carefully and react fast on any change of the conditions on the road.
-Breach of duty means that the defendant failed to uphold to his duty. He fails to exercise his duty with which he fails to prevent harms that were foreseeable.
-Causation means that the negligence on the part of defendant led to harm done to other party.

-Damages are paid by defendant to the victim in order to compensate all losses the victim has suffered due to the injury the defendant caused. For this case navigate to this web-site can help you.

If a defendant causes an injury to the victim with intention to do so then it is intentional tort. These torts include:

shutterstock_102088966kl160160_190213_123820– Assault has different definitions, but in general it means bringing someone in fear of suffering harm. That harm may or not may happen, but it still causes mental harm to the victim.
– Battery is assault that was followed by actual harm. Any form of injury that was intentional is battery, and even contact which didn’t cause injury but the intention was there falls under battery.
– Trespassing on private property without permit of the owner is an injury to the owner. It may not cause physical damages to the property of the owner, but the fact that the property was breached is trespassing in itself.
– False imprisonment represents unlawful and intentional restriction of movement of an individual. An example of false imprisonment is in detention of shoplifting suspect by the security guard, because that guard doesn’t have right to detain the suspect.

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Personal Injury-Common personal injury types

Personal Injury-Common personal injury types

Posted by on Jan 25, 2016 in Personal Injury, Car accidents, Medical malpractice |

Number of totally different personal injury cases is huge, and even trying to make some kind of list would be useless. But there are those injuries that make great part of the complains in these kind of cases, and they can be grouped and listed in an article like this.

9b2c4b44fb86522964124ed80d03c5e8_S– Car accidents are most common causes for personal injury cases. Accidents are always caused by one driver or sever of them. Those drivers don’t follow the rules of driving, or they are not careful enough on the road or they fail to adapt to the conditions of the road. One party Is always guilty, and they will have to pay damages depending on the amount of injuries they have caused.
medical-mal– Medical malpractice personal injury cases are also common in tort law. There are several branches of medical malpractice which make grounds for personal injury cases, and more about that can be found in articles dedicated to that subject or you can contact website over here and ask him.
– Slip and fall cases are made against owners of the property which caused injury to the victim. Owner of certain property must make is safe, or reasonably safe, and get rid of all possible hazards in order to avoid people getting injured there. Warnings should be placed in places where there is high chance of slip or fall to warn people that thread that ground.

Not every slip or fall will be a ground for personal injury case, it depends on conditions of the accident, laws in that state and so on.

– Libel and slander as defamation cases also vary in their presence in personal injury cases. Basic example of defamation which will lead to injury would be some negative statement from some party which is untrue and which leads to loss of income. For celebrities and other public figures it is slightly different because they must prove actual malice in order to win in the court.

– Owner of a dog is responsible for everything that dog does, including bites. That owner will have to pay compensation for all injuries physical and mental that were made by their dog.

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Personal Injury-Car accidents and passengers

Personal Injury-Car accidents and passengers

Posted by on Jan 25, 2016 in Personal Injury, Car accidents |

Once a car accident happens there will be a guilty party, a driver which caused the accidents by braking the rules of duty and not respecting the conditions other drivers respect. Passengers can claim compensation for injuries they suffer as well. And here it becomes a bit more complicated and for that call dallas auto accident attorney for help.

Pesonal-Injury-Lawyer-in-St-Petersburg-300x200If an accident happens in which there was only one car present then the passenger can claim compensation for the injuries from their driver or the insurance of that driver. But if there are two or more cars that were in the accident complications arise.If the passenger was in the car whose driver had no part in blame for the injury he sustained then the passenger can file a lawsuit against the other driver, in same fashion as the driver that drove him.

But if that passenger was in the car of the guilty driver then he can file a lawsuit against the driver responsible for the injury, his driver.

Comparative negligence raises some issues in cases in which there is partial negligence on both drivers. If the passenger happens to be in a car which was driven by the driver who is main reason behind the accident he should demand compensation from that driver. He will not be able to demand any compensation from other driver.

motherDaughterAccidentImg-270x179But the passenger that was in a car whose driver is partially guilty for accidents due to negligence can demand compensation from both drivers. He can demand reparation from the driver that is mainly guilty for accident just like in any other accident, but he can also demand compensation from his own driver because that driver injured him through his partial negligence.

As you can see simple car accident case has many branches in personal injury cases, and this is case with many other personal injury cases as well, which shows the complexity of the law.

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