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Personal Injury Law

Personal injury law is a complex and sensitive area of practice most often involving tort law.

According to Wikipedia, tort law is defined as, “a body of law that addresses and provides remedies for civil wrongs not arising out of contractual obligations. A person who suffers legal damages may be able to use tort law to receive compensation from someone who is legally responsible, or liable, for those injuries. Generally speaking, tort law defines what constitutes a legal injury and establishes the circumstances under which one person may be held liable for another’s injury. Tort law spans intentional and negligent acts.”

This means that tort law applies to personal injuries when:

  1. It is a civil case brought against a person without a previously binding contract involved
  2. It is used to seek compensation from one who is legally responsible for the injuries sustained
  3. It is applicable in cases that meet the legal definition of “injuries”
  4. It proves one person is legally responsible for the injuries received
  5. It is applicable in cases of intentional harm and harm through negligence.

The legal definition of injury can vary from state to state, but it often resembles a statement such as:

    Any physical injury that produces a substantial risk of death, or an injury that causes considerable disfigurement, serious destruction of health condition, or a significant loss or impairment of the functioning of any bodily organ.

Examples of Personal Injury Tort Cases

Personal injury cases qualify under tort laws for the following conditions:

  • Defamation
  • Wrongful death
  • Medical malpractice
  • Defective prescription or over-the-counter drugs
  • Exposure to toxic substances
  • Birth injuries
  • Dog bites
  • Automobile accidents
  • Motorcycle accidents
  • Trip, slip, and fall accidents
  • Medical device malfunctions

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There are a few special cases under tort law that require special consideration. One of these is the case of assault and battery.

Assault and Battery

Normally, the law treats assault and battery as a single legal term, and it is prosecuted as a single offense. However, under personal injury tort laws, assault and battery are viewed as separate components.
Under tort law definitions, assault implies the intention of harming a person, while battery encompasses the actual physical attack.

In this case, it up to the victim to prove that the offender did not have prior privilege to assault or battery, as would be the case if the offender was defending himself, or was performing his duties in a line of work that calls for physical confrontations, such as a law enforcement officer.

Other personal injury cases may qualify for coverage under tort laws as well. Please consult a knowledgeable personal injury lawyer to discuss if your case is applicable.

Personal injury laws are often determined regionally. For this reason, work with a local, experienced attorney in order to win your claim.


Wikipedia: Tort
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