Tuesday, December 15, 2015

Know Your Personal Injury Type

Tort Law, also known as personal injury law, allows an emotionally or physically injured victim to get compensation when anyone else’s intentional or unintentional negligence causes harm to them.

There are numerous situations that can fulfill the criteria of a personal injury case. Let us take a look at common types of personal injury cases, and analyze what to expect from them.

Car Accident Cases


Car accidents are the most common personal injury cases. Usually, these occur when someone does not follow the rules carefully, or drives without caution. The careless driver is normally held responsible for the harm arising from a car accident, and they are liable to compensate the plaintiff financially or otherwise.

Medical Malpractice


Medical malpractice cases arise when a medical practitioner or a hospital fails to provide the plaintiff with competent and reliable care. As a result, severe injury and even death may occur. Medical malpractice falls under the most complex cases for personal injury claims.

Slip and Fall Cases


Property owners and landlords are legally bound to keep their property free of hazards, for other people, so that they remain safe while they are within the owner’s premises. If a person slips and falls due to the negligence of the property owner, then this can be classified as a personal injury case and a lawsuit can be filed by the injured person.

Defamation: Libel and Slander


Libel and slander refer to written and oral defamation of character where a person suffers emotional injury as a result of defamed reputation due to untrue statement/s. It is important to mention here that an average person has to prove that they actually suffered financial loss due to libel and slander, while celebrities only need to prove ‘actual malice’ in defamation cases.

Dog Bites


Usually, dog owners are responsible for dog bites and various other injuries caused by their dog. In some states, the owner has to compensate the plaintiff even if the dog has never shown any signs of aggressiveness in the past, while in other states, the owner is held responsible if the dog under question has a history of aggressiveness.


Assault, Battery and Other Intentional Torts


Intentional Torts do not come under the definition of accidental injuries, which are caused by carelessness and negligence. Generally, these cases include an added charge of a criminal case against the perpetrator. For example, if a person intentionally attacks another person with an aim to injure them, then they will be facing a criminal charge in addition to a personal injury lawsuit.


If you believe that you are a victim of a personal injury, contact the experienced lawyers at Barry M. Ward Co., LPA to guide you through the legal procedures, so that your injuries are duly compensated.