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Tort Claims for Personal Injury: A Legal Explanation Personal injury law means the legal remedies and defenses applicable in civil lawsuits brought in court following wrongful conduct. Torts imply personal injuries as a result of civil rather than wrongful criminal acts. These cases involve a claimant privately seeking compensation, usually in the form of money, for harm resulting from the defendant’s action. Negligence–The Legal Fundamental Negligence is the doctrinal groundwork for most successful personal injury lawsuits. Essentially, the doctrine demands all people, wherever they may be, to behave responsibly, and not to put others in harm’s way. However, negligent acts do not always lead to harm. Therefore, making the case for legal responsibility under the principle requires the victim to prove that a sensibly cautious person in a position akin to the defendant’s would have ac ted differently.
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Example of Negligence Cases
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A negligence case may exist in a car accident caused by a drunk driver or medical complications following reckless acts or inactions of a doctor. A dog bite suffered after a vicious pet is left unrestrained by the owner may also constitute negligence. In all the scenarios, the persons expected to exercise reasonable care never did, hence injury to the claimant. Once a court determines negligence on the part of the accused in a personal injury case, the accused must compensate the plaintiff for injuries, damages, and losses the incident in question caused. Loss/damage of property and medical bills are some of the losses that are easy to calculate. But calculating emotional trauma and loss of earning capacity may require expert testimony. In some personal injury cases, punitive damages may be sought to discourage specifically egregious conduct. Typical Tort Cases and Their Legal Defenses Other than negligence, personal injury law envisages a number of causes. Most of these scenarios are categorized as deliberate torts. Just like the name suggests, the cases involve a defendant that acts deliberately to harm the victim. Typical examples are false imprisonment, assault, theft, and battery. The opposite end of tort law has cases where the defendant is found liable despite evidence that they did everything possible to avert the risk of harm to others. Strict liability is the classification of such cases, where the law finds the at-fault individual strictly liable in case they participated in a highly unsafe action that ends up harming someone, regardless of legality of the activity or prior implementation of precautionary measures. Consignment of dangerous substances, such as petroleum, and knocking down buildings are potential strict liability situations. You can defend against personal injury liability in several ways. For claims of negligence, the accused may claim the victim never observed reasonable care, and is responsible for their injury, fully or partly. The claimant may also be shown to have assumed the risk.