Personal injury law (sometimes called “tort law”) is designed to protect people against the negligent actions of another party. If you are injured because of another person’s reckless behavior, these laws allow you to be fairly compensated for what you’ve suffered.
Let’s take a closer look at how these laws work — and what you should do if you are the victim of another person’s negligence.
Personal injury law is a legal specialty that covers a wide range of activities and litigation. For example, personal injury lawyers may help someone sue if they are injured in a car accident if they slip and fall on a wet surface while shopping or if they are injured by a surgeon who makes an error (medical malpractice).
Personal injury law also covers intentional acts, such as someone physically assaulting another person and injuring that person. Defective products can also fall under the category of personal injury. For instance, if you buy an electronic device that has a design flaw that causes it to catch fire — and that fire burns you — you could have an actionable personal injury claim.
Personal injury laws vary from state to state, though there is much common ground between the various jurisdictions. Most cases begin with an injury to a person that is alleged to have been caused by negligence on the part of another person or entity. This negligent behavior could be failing to clear ice from a sidewalk or failing to operate a motor vehicle safely.
Plaintiffs must typically argue that defendants breached a duty of care owed to someone else. This could mean a duty to drive with the same level of care a reasonable person would exhibit, or provide medical treatment according to the established level of care in the field.
Often, the victim of an injury and the defendant (or the defendant’s insurer or attorney) will be open to settlement negotiations. Such negotiations may be amicably resolved if the plaintiff receives a fair settlement.
However, in many cases it is advisable to work with an attorney with experience in personal injury cases. Insurance companies employ tough, experienced negotiators who are tasked to limit payouts as much as possible. Additionally, proving negligence may be challenging, and the opposing side may try to establish that the victim is partially to blame.
A personal injury law firm can help even the playing field and ensure that you receive the full and fair compensation to which you are entitled.
If you’ve been injured or you know someone who needs help, contact us today for a free consultation.
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