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April 10, 2015 at 11:32 AMComments: 0 Faves: 0

The Basics of Personal Injury Law

By Jason More Blogs by This Author

Maybe you've been injured in an accident, or you are just curious about the law. While it may vary a little from state to state, here is a basic overview of personal injury law.

A personal injury can be defined as either physical or psychological harm. The key to it being a legal matter is that there is some level of wrongdoing or negligence by one or more parties, whether it is an individual, company or even a government agency.

Personal injury attorneys specialize in tort law, which includes all cases of negligence and intentional acts that result in harm. There are plenty of scenarios in which personal injury law may be applicable:

Accidents. The most commonly thought of personal injury scenarios comes in the form of accidents, such as traffic collisions. If someone has been negligent in their actions, even if the results are an accident, they can be held legally liable if it has physical or psychological for someone else. This may also include someone “taking a spill” on someone’s property, or medical malpractice, to name a few.

Intentional acts. Sometimes someone’s actions are clearly intentional. The most common example of this would be an assault and battery case.

Defamation. Not all injuries are physical. If someone defames your name that could result in not only embarrassment, but may harm your reputation, they can be held liable. Simply put, someone can falsely accuse you of a crime and take it to a public forum.

Defective products. Sometimes personal injury law applies to a company’s negligence or wrongdoing with their products or services. It could be a faulty car part or a pharmaceutical that has consequences without warning. A defendant can be found liable in a defective product case even if there was no intent or negligence.

Trial or Settlement

The majority of personal injury cases are settled before going to trial. This is due, in part, because both parties prefer to shorten the length of the ordeal and keep costs as low as possible. However, there going to be times when a defendant digs in and insists on their innocence, or that they should be held liable for less than what is being asked for.

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