Personal Injury Law - What Protection Does It Provide?

Personal injury law has provisions that allow an injured party to be compensated

for any damages that were the result of another person's negligence, recklessness, carelessness or intentional acts. Emotional injuries, personal injuries and personal property damages are all considered to fall under the legal umbrella of a "personal injury."

Personal injury law is sometimes referred to as "tort law." Tort laws operate on the state as well as the federal level to protect an individual's rights.

Although there are many different kinds of torts, they all have three elements in common. If all of these elements are present, then a tort - or a personal injury - has occurred. These elements are:

A legal "duty" between the plaintiff and the defendant. This duty is often implied or implicit.

A breach of the legal duty.

Damages that have occurred as a result of that breach.

One of the implicit laws of our society is that people in our country do not harm one another. By extension, not only should individuals be out of harm's way, their possessions should also be safe from harm.

Under tort law, if your possessions are damaged then the party who is responsible for that damage will be liable for it.

For example: If someone throws a rock through a car window it would be considered to be an intentional act. In addition to being a violation of personal injury law it could also be a criminal offense.

However, if you accidently dropped a rock from your window and it landed on a car, it would also be a violation of personal injury law. However, it would probably be considered as a negligent act rather than being a criminal offense.

When someone violates personal injury law they are expected to remedy the situation. In the eyes of the law the term "damages" describes what the defendant will owe in order to right whatever wrong(s) have been done. In most instances damages are resolved either through a private settlement or through insurance. However, some plaintiffs feel that a settlement offer will not fully compensate them for their losses.

If this situation arises, a trial will usually proceed so the court can determine what, if any, awards the plaintiff will receive.

As you might imagine, it often takes a certain level of legal expertise to carry out a trial in which the victim of a personal injury receives all the compensation that he or she is legally allowed. That is why a victim will usually speak to an attorney who specializes in personal injury law.

by: Wendy Moyer

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