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Know about Personal injury law
Posted by: | CommentsWhen a person is injured by an accident someone is often legally responsible.Personal injury is an important branch of law that is designed to protect persons harmed by the careless or intentional actions of others. The personal injury legal system sets out the parameters for compensating victims who have been injured by such careless actions.To establish a personal injury claim the injured person must be able to demonstrate that another party has the legal responsibility for the injuries. To establish responsibility for the personal injuries, two factors must be proven:
1) liability or culpability.
2)damages or losses.
Liability: Liability in personal injury law is largely divided into three categories: intentional wrongs, negligence, and strict liability. These areas are discussed in detail below.
Damages: Depending on the circumstances of the case, an injured person can seek damages for physical injury, lost earnings, impairment of future earnings, lifestyle changes, loss of support to loved ones, property damage, and past, present and future medical care and expenses.
If you have been injured you should recognize that a personal injury action can be a complicated endeavour. It would be wise to consult an experienced and reputable personal injury attorney as soon as possible after any accident that causes injury to you or a loved one.
In order to pursue a personal injury claim, you must establish that someone is liable (or culpable) for your personal injuries. There are three broad areas of liability which allow an individual to pursue a personal injury claim: 1) intentional wrongs; 2) negligence, and 3) strict liability. Negligence is by far the most common basis for a personal injury action, but we will look at all three.
1. Intentional Wrongs:
This type of personal injury requires an intention by someone to act in a way which results in harm to someone else. For example, if someone strikes you, even as a practical joke, that person could be liable for a battery. In many instances of intentional wrongs, the personal injury victim may pursue a civil personal injury lawsuit in addition to criminal charges. Victims of domestic or sexual abuse, for instance, may file both a civil lawsuit and a criminal complaint claim with the police.
2. Negligence:
Under the law of negligence, a person is liable for your personal injuries if he was careless in causing your injuries. Persons who act negligently do not intend to cause injury. Their liability is a result of careless or thoughtless action. The test of whether a person has acted negligently includes asking how a reasonable person would have acted in the same situation.
3. Strict Liability:
Under the strict liability theory of personal injury, the defendant can be held responsible for your personal injuries and damages without regard as to whether he was careless. This means that you do not have to show that the defendant was negligent for your personal injuries for you to recover.