Personal injury is simply an injury to a person's body or mind. These causes of action are based on tort law, which is a broad area of law that covers conduct that causes injury, suffering, or harm to another person.
As a branch in the legal field, personal injury can be divided into three different types of claims: intentional torts, negligence, and strict liability. Each type of claim comes with its own set of elements that mush be proven in order to recover damages, and because of this, personal injury litigation is complex and complicated.
Corroborated by the sheer number of successful outcomes obtained for our clients, CLAW understands the dynamics that exist at the intersection of law, fact, and emotion in personal injury cases. And we possess both the technical expertise and the empathy to represent clients effectively while honoring their values and ultimate objectives.
What is an intentional tort?
A type of tort that can only result from an intentional act of the defendant. Depending on the exact tort alleged, either general or specific intent will need to be proven. Common intentional torts are battery, assault, false imprisonment and intentional infliction of emotional distress. The most important thing to know, though, about an intentional tort is INSURANCE LIKELY WON'T COVER IT as most policies exclude the intentional acts of an insured from coverage.
What is negligence?
WE COULD WRITE A BOOK (and thousands of books have been written). Simply put, negligence is a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.
Who decides whether someone is liable because of negligence?
IT DEPENDS. After being presented evidence by the lawyers, a judge or jury will decide what an "ordinary" or "reasonable person" would have done in similar circumstances. In the example of an automobile accident, a judge or jury is likely to find a driver negligent if his or her conduct departed from what an ordinary reasonable person would have done in similar circumstances. An example would be failing to stop at a stoplight or stop sign.
If someone causes an accident and I'm hurt, will that person be liable?
IN MOST CASES, ABSOLUTELY. A person is liable if he or she was negligent in causing the accident. Persons who act negligently never set out (intend) to cause a result like an injury to another person. Rather, their liability stems from careless or thoughtless conduct or a failure to act when a reasonable person would have acted. Conduct becomes "negligent" when it falls below a legally recognized standard of taking reasonable care under the circumstances to protect others from harm.
What is strict liability?
What is a typical personal injury case?
AUTO ACCIDENTS, the area in which most personal injury actions arise, provide a good example of how the tort system works. You have a negligence claim in a "fault" state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses. (Note, though, that the system may be very different in states that have passed no-fault laws.) Negligence reaches far beyond claims stemming from car accidents. It is the basis for liability in most personal injury lawsuits, including medical malpractice.