Personal injury law is also known as tort law. Any first year law student can tell you about the idea behind this type of law. Torts law allows an injured person file a suit against any liable parties and receive financial compensation for their losses. There are two kinds of incidents that one can recover from, intentional torts, which mean someone intentionally committed a tortuous act against someone else, and negligence, which means there was no intent. In negligence, the person’s state of mind is not so important. It doesn’t matter that they didn’t intend to harm anyone; if they were not reasonably careful in their acts (which will be defined later), then they will be liable.
A personal injury attorney in Los Angeles, http://www.losangelespersonalinjurylawyers.co indicates that most laws date back to the common laws times, when judges made rules. That’s why the rules are mostly common sense. If you hit someone, you have to pay. If you make someone be in fear of danger, you have to pay. If you falsely imprison someone, you have to pay. When a judge hears and makes a decision on a case, his decision will become law. Any courts under that court will have to follow his decision and apply what that judge said. After many cases are decided, you will have a body of law called common law. Common law differs from state to state, so the rules are not the same in every state. That’s why a victim of an injury is best advised to talk to a personal injury attorney that is familiar with the laws of their specific state.
You should keep in mind that no two cases are ever exactly the same, so it is impossible for a lawyer to do one case and figure out the rest. However, there are some standard questions that you have to ask in every case. Most of the time, the most important question is liability. If you cannot establish liability, then the entire case will fall apart.
When a defendant performs an act which injures a plaintiff, the plaintiff may be able to recover under the laws of PI. There is an exception to this. If it’s a breach of contract, the PI does not cover it.
In cases of negligence, the plaintiff must show that the defendant owed him a duty, and it was breached. The definition of a duty is confusing for many first year law students. According to the bus accident lawyer page at http://www.losangelespersonalinjurylawyers.co/bus-accident-attorney/, a duty is simply a legal obligation. For example, every driver has a duty to observe the rules of the road and drive safely. A physician has a duty to provide medical care in a reasonable manner and with competence that the medical community recommends.
If liability is clear, then the defendant, or their insurance company, may wish to settle out of court. Most of the time, if liability is clear, this does happen. If a plaintiff, or their representative, agrees to a settlement, then the case ends there and there will be no lawsuit. If not, then the case may end up going to court, in which the judge and jury will determine who is liable and how much the plaintiff is owed.
There are many situations in which these laws apply:
Accidents. These are incidents that were not done on purpose. For example, if you are driving on the street and someone rear ends you, causing an accident. They may cause you to have back pain, neck pain, and damage to your car. Although they did not mean for the accident to happen, because the were negligent in driving, they are legally liable and the law will allow you to recover for your damages.
Intentional Acts. These are acts that were voluntary and were done with a purpose. For example, if someone slaps you, they have caused you harm and you might be able to recover for your damages in a court of law. Damages are usually nominal though.
Defamation. If someone makes a defamatory statement against someone else and damages their reputation, the law will hold that defendant liable (in certain situations). Please check https://www.cpsc.gov/en/Research--Statistics/Injury-Statistics/ for some information regarding injury statistics.