Personal injury cases can be divided into two major groups, cases arising from negligence and those arising from intentional torts. A tort is the term used to describe a civil cause of action in which the wrongdoing of the defendant causes harm to the plaintiff.
The first group of personal injury cases are known as negligence actions. These cases arise when the person that caused the harm did not act intentionally in doing so. These cases involving unintentional or careless harm that result in injuries to others. While there are many types of negligence actions, one of the most common are slip and fall cases.
In order for the plaintiff to win a negligence action in court, he must prove the various elements of the negligence action. The first thing the plaintiff must prove is that the defendant owed the plaintiff a duty to use reasonable care. Next, the plaintiff must prove that the defendant did something to breach that duty of care. Third, the plaintiff must prove that because of the defendant's breach of the duty, the plaintiff was injured. Finally, the plaintiff must prove the nature and extent of the damages sustained.
The most typical types of negligence lawsuits are car accident cases, medical malpractice cases, and fall injury cases. In car accident cases, the plaintiff accuses the defendant of failure to reasonable drive his car. In medical malpractice cases, the plaintiff accuses some medical professional of not acting within a proscribed standard of care. In fall injury cases, the plaintiff accuses the defendant of failing to keep their premises in a reasonably safe condition.
The second main group of personal injury cases are the intentional tort cases. These cases arise when someone acts intentionally and the result is an injury or harm to another. It is important to note that the defendant need not intend harm, only that they acted intentionally and harm resulted.
Often times it is difficult for the victim of an intentional tort to get compensation for their injuries. This is because insurance companies usually don't insure against intentional torts. Another aspect of intentional torts is that they may be committed in concert and may be intertwined with negligence actions.
Some of the most typical intentional torts are assault and battery, false imprisonment, and tresspassing. Usually, criminal actions give rise to a civil action for an intentional tort as well.
When someone is injured in the course of their employment, a unique area of the law is triggered. This is the area of worker's compensation. Before worker's compensation laws were put in place, it was very common for an injured employee to sue his employer for injuries sustained on the job. This created a difficult situation for all parties involved, including the civil justice system. Worker's compensation laws were put in place as a compromise between employers and injured employees. Employers became immune to lawsuits for job-related injuries and employees did not need to prove all the elements of their case in order to recover.
The first group of personal injury cases are known as negligence actions. These cases arise when the person that caused the harm did not act intentionally in doing so. These cases involving unintentional or careless harm that result in injuries to others. While there are many types of negligence actions, one of the most common are slip and fall cases.
In order for the plaintiff to win a negligence action in court, he must prove the various elements of the negligence action. The first thing the plaintiff must prove is that the defendant owed the plaintiff a duty to use reasonable care. Next, the plaintiff must prove that the defendant did something to breach that duty of care. Third, the plaintiff must prove that because of the defendant's breach of the duty, the plaintiff was injured. Finally, the plaintiff must prove the nature and extent of the damages sustained.
The most typical types of negligence lawsuits are car accident cases, medical malpractice cases, and fall injury cases. In car accident cases, the plaintiff accuses the defendant of failure to reasonable drive his car. In medical malpractice cases, the plaintiff accuses some medical professional of not acting within a proscribed standard of care. In fall injury cases, the plaintiff accuses the defendant of failing to keep their premises in a reasonably safe condition.
The second main group of personal injury cases are the intentional tort cases. These cases arise when someone acts intentionally and the result is an injury or harm to another. It is important to note that the defendant need not intend harm, only that they acted intentionally and harm resulted.
Often times it is difficult for the victim of an intentional tort to get compensation for their injuries. This is because insurance companies usually don't insure against intentional torts. Another aspect of intentional torts is that they may be committed in concert and may be intertwined with negligence actions.
Some of the most typical intentional torts are assault and battery, false imprisonment, and tresspassing. Usually, criminal actions give rise to a civil action for an intentional tort as well.
When someone is injured in the course of their employment, a unique area of the law is triggered. This is the area of worker's compensation. Before worker's compensation laws were put in place, it was very common for an injured employee to sue his employer for injuries sustained on the job. This created a difficult situation for all parties involved, including the civil justice system. Worker's compensation laws were put in place as a compromise between employers and injured employees. Employers became immune to lawsuits for job-related injuries and employees did not need to prove all the elements of their case in order to recover.
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