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Common Personal Injury Litigation

By: Bill Kite


In order to know if one has valid personal injury case, it is important to know the basics of Tort Laws.
Many people are still confused about on how personal injury law really works. Here is an explanation and definition of the civil justice system. Let us say you are injured due to some negligence in an auto accident, truck accident, fall or defective drug or by a medical mistake. Maybe from toxic contamination that was released from a nearby manufacturing plant or by a defective drug or product.
In any of those examples listed, your remedy to recover damages is to make a claim within the civil justice system. The rules for personal injury law are based on a combination of statutory laws, which are laws that were passed by the legislature. Statuary laws are also referred to as common laws. Usually laws are based on what we inherited from judicial precedents. If we discuss both personal injury law and litigation, you can break up personal injury litigation into two general categories.
The two categories are negligence cases and international acts. They are also known as torts. The word tort is a fancy word used, that refers to a legal cause of action. This means, a wrongful act of another person which entitled an injured party to seek damages through the courts. Let us now talk about negligence. The cause of action arises when the person who causes harm does not intend to injury, but is very careless with the safety of other people.
The most common litigation arises in many motor vehicle accidents when drivers are being negligent. For most people to win a negligence case, the person who was injured must show that the defendant did not exercise reasonable care. Common law negligence actions include automobile accidents, slip and falls, accidents in which improper design or maintenance, and lastly medical malpractice errors.
Intentional torts, arise when someone intends to commit a wrongful act which results in injury. Normally it does not matter if the injury is intended or even if the injured suffered far more than it was intended. In a legal perspective it can be very difficult to obtain compensation from a person who commits an international tort. Common intentional torts include assault and battery, child abuse, and defamation of character. The majority of criminal acts will support a lawsuit which is based upon intentional wrongful conduct of the criminal. There are also workplace injuries, where legal action can be brought upon an employer or co-workers, the claim for this is workers compensation.

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http://www.nylawyer.net/


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