Common Examples of Personal Injury Claims & the Tort System

The most common personal injury actions arise due to automobile accidents. Car accidents show how the tort system works and the ways which personal injury law differs from criminal law. After all, personal injury suits are based largely around the notion of irresponsibility and negligence on someone’s behalf, but the negligence may not amount to or be considered criminal negligence. When involved in a car accident, you can make a negligence claim in a “fault” state when you are injured by a driver who operated their vehicle irresponsibly or without reasonable care. This is due to the fact that all drivers have a duty to exercise care at all times when on the road for the general safety of both themselves and others. If they breach that duty and are the leading reason that an automobile accident occurred, they will be held at fault. If you or anyone else involved has an injury as a result of the careless accident, then current personal injury law states that you can receive compensation for your losses as the injured party.

Negligence applies to personal injury claims far beyond automobile accidents. Generally speaking, negligence is the basis for liability in most personal injury lawsuits. For example, negligence is the underlying fault in medical malpractice. As with many other legal specifications, the system varies from state to state and personal injury lawsuits will be handled differently in states that have established no-fault laws.

There are multiple areas of personal injury/ tort law, and negligence is not the only basis for a personal injury case. Under strict liability, cases can be brought against manufacturers and designers of defective products that result in injuries. In a case like this, the injured party does not have to prove negligence on the manufacturer’s end. Instead, the injured side must be able to show was designed ineffectually in such a way that the product became dangerous when used in the intended manner. Another basis of personal injury claims is known as intentional wrongs. Intentional wrongs are less common than negligence or strict liability. Examples of intentional wrongs are rare and include instances such as if you are detained for shoplifting by an undercover officer, and the arrested can potentially claim for false imprisonment.

Settling a case is not the same as winning a case in court. A settlement means that money was accepted in return for dropping your action and claims against the person or group that injured you. A release will be sign which absolves the other side of further liability. A skilled personal injury lawyer will help in your decision of whether to accept a settlement offer. In certain situations, it may be easier to accept a settlement rather than file and move forward with a lawsuit.