Personal Injury and The Law(Best attorneys in the Atlanta)
Most of us have seen advertisements from lawyers specializing in personal injury. Smiling in advertising posters and always present in TV commercials, lawyers specializing in personal injuries usually have high visibility. From car accidents to slips and falls, personal injury cases occur every day in the United States. But there are different types of personal injury lawsuits and different legal strategies are used when blaming someone for injuries.
What is the personal injury law?
The law on personal injury is the legal way for an injured person (the plaintiff) to file a lawsuit against the defendant (the defendant) seeking financial compensation for the losses caused by the injury.
Personal injury cases include grievances and are divided into three general groups:
Neglected wrongs: when someone acts without care .
Intentional torts: made on purpose .
Objective liability tort: liability imposed without regard to fault.
The plaintiff in a civil action, usually, must prove his case by preponderance of the evidence. This is considerably easier to prove than in a criminal case.
Neglectful Injuries: Causing Inadvertent Damage
In many personal injury lawsuits negligence is alleged. In a typical case of negligence, the plaintiff must prove the following:
The defendant owed the claimant a duty of care, to protect him from possible injury.
The defendant did not act reasonably in a certain set of circumstances.
This action was actually the one that caused the injury to the plaintiff.
The plaintiff suffered actual harm due to the breach of the duty of care by the accused.
Note that for negligence it is not required that the defendant intended to cause harm, but that the defendant has not acted as a reasonable person would in the same circumstances. A usual defense in a negligence case is that there was no reasonable duty of care or that there was something else that caused the injury.
Intentional torts: causing damage on purpose
Unlike cases of negligence, the plaintiff who alleges an intentional tort must show that the defendant wanted the damage to occur. Some examples of intentional wrongs include assault, assault, illegal deprivation of liberty, trespassing and intentional provocation of emotional distress.
While some of these grievances may also be tried under criminal law, civil law allows private parties to initiate actions for them as well. A good example is the civil law case of O. J. While Simpson was acquitted in the criminal case, which was the one that gained the most notoriety, he was found liable for damages in the civil case.
Objective liability grievances: fault regardless of intent or carelessness
There are some types of grievances in which the defendant can be held responsible if an injury occurs, even if he has not acted negligently or intentionally. In a typical case, in cases of strict liability, highly dangerous products or activities are involved, such as the storage of dangerous substances or the demolition of buildings. It also includes employers considered liable for the negligent or criminal actions of their employees. In some states, dog owners may also have strict liability for the actions of their pets if they harm another person.
What types of compensation can I get in the event of an injury?
In most cases of personal injury, an economic compensation is sought. The economic damages are intended to cover financial losses, such as medical expenses, loss of income, etc. Non-economic damages include compensation for pain and suffering and the loss of a partner.
In some circumstances, the law may allow punitive damages to be recovered. Punitive damages are intended to punish the losing party for their misconduct or willful misconduct. Sometimes called exemplary damages, punitive damages are an added punishment with a view to discouraging the defendants from continuing their criminal actions.
An important part of the personal injury lawsuit process is the negotiations conducted by the plaintiff's and the defendant's attorneys. These negotiations are crucial since many defendants for personal injuries would prefer to reach an agreement before going to trial.
Speak Today with a Personal injury attorney altanta
This article aims to be useful and informative. But legal issues can be complicated and stressful. A qualified personal injury lawyer can address your particular legal needs, explain the law and represent you in court. Take the first step now and contact a qualified personal injury lawyer near you to discuss your specific legal situation.
