subject: Understanding The Legal Process When Filing A Personal Injury Claim [print this page] Personal injury law is the set of laws that govern the legal process for obtaining compensation or a remedy when you have been hurt or injured. The injury may for instance be the result of an accident, product malfunction or some form of medical malpractice. Injuries suffered are not always physical, but can be emotional, financial or even intangible, as in the case of libel. Some form of compensation is usually sought by the plaintiff in a personal injury lawsuit.
Personal injury law is specifically governed by tort law. Tort law is a civil wrong done to you when the duty of another under general law has been breached. This breach is not usually covered by a contract, and the action may be deliberate or due to carelessness, but the action is somehow responsible for your injury and suffering. Damages, loss of pay or property, and pain and suffering are all recoverable damages under tort law.
Torts are generally classified into two categories: intentional or negligence. An intentional tort results from the deliberate action of another and not through mere carelessness. To prove that an intentional tort took place it must be proven the defendant acted with the knowledge and certainty that an injury would take place. Proof of the intent to create an injury to a specific person is not necessary, but only the knowledge that their actions would produce an injurious result.
A negligent tort results from the actions of another that are not deliberate, but the person does fail to act in a reasonable fashion that could have prevented the injury from taking place. This means they could have foreseen their actions leading to some subsequent loss or injury. In order to win a negligent tort suit the plaintiff must prove the individual responsible for the negligence failed to act in a reasonable and responsible manner.
Personal injury law is really about holding individuals or companies responsible for those activities within their power and control. Of course there are circumstances where control is non existent or very limited, such as acts of God or unforeseen circumstances. But those situations where individuals or companies have control and act with full knowledge of the possibility of injury to others are best pursued with your lawyer under personal injury laws.
