The Elements of Personal Injury

ou see them advertised all the time and may know a little bit about what personal injury lawyers do. They help those that dealt with personal injuries in order to get compensation. 

But it’s a lot more than that. It doesn’t deal with criminal law, but instead, it’s a civil lawsuit. There can be criminal action that is separately filed if there was a crime committed. 

But typically they involve intentional torts, negligence, or strict liability.  They each have different parts which in order to win cases must be proven, but we’ll go over each of these below. 

https://www.youtube.com/watch?v=LPkgE3sBo1A

Intentional Torts 

Intentional torts are torts that are done on purpose, but it could be as simple as being aware of the actions and results. 

The wrong action might’ve happened, or maybe something was done poorly. 

Typically, there must be an intention there, to show that they did it on purpose or aware. Typically, it’s done by reasonable standards, and whether it would be reasonable for the person to expect that hey, doing this would hurt someone. 

The causation is the next part, where the actions of the defendant must cause some kind of injury, and this is typically established by the injured party, showing that if they hadn’t suffered the injury caused by the defiant, they wouldn’t have these repercussions. 

The final thing, is damages, and this is usually a quantifiable amount that typically is the expenses for the person who was injured. If the damage is property, the court will also want to know the financial burden as well that was created on the owner of the property as well. 

Negligence 

Negligence is when you have an injury that wasn’t intentional, and typically it does impact the person. 

It typically is based on duty, and how the person who was in charge of the property was responsible for it, or maybe they were responsible for the patient. This can arise from the standards of the profession but also is based on “reasonable care” that members owe to each other. 

Then, it involves breach of duty, which is where the duty was broken. The causation is typically the cause of the problem, such as maybe the injuries were caused by the lack of care and the breach of duty. 

You can’t collect damages unless of course there is actual injury, or that the damage is proved in a negligence case. 

Strict Liability 

This is a third type, and it typically applies to business owners or people who make items. Those who are responsible for making sure products are safe are the ones held accountable here. When injury occurs in this type of case, the defendant will be responsible. It doesn’t matter if they were intentional or negligent. 

Typically, this involves a specific activity such as they’re responsible for an animal and it attacks someone, or the manufacturer is responsible for making sure products are safe. 

The causation is of course the cause of the problem in the case where they need to prove that the person is responsible for this. 

Close-up Of Male Judge In Front Of Mallet Holding Documents

Finally, there is damages. If a product doesn’t work, then you can recover damages if it does hurt you. However, you must prove that you did get injured and that you were damaged either financially, physically, or mentally in order to be compensated. 

This is the umbrella of personal injury laws, and they must be in place in order for someone to get damage for the hurt that they have and get the retribution that they deserve for each of these different facets of it.