Source of Injury law “Tort” laws or personal injury laws date back to “common law rules”. Laws are often passed, after an extensive process of approval from legislatures. But common laws are made by judges after they hear, and pass judgment on a case. This judgment is binding precedent on all, and is called common law. Common law hence is the basic source.
Personal injury law grants the right to get legal remedy for damages stemming from irresponsible or intentional, harmful actions of others. In this regard, Philadelphia, PA personal injury attorneys, help with carrying out the procedure of personal injury lawsuit with great expertise and experience.
Situations where personal injury law applies:
1] Accidents:
- Automobile accidents: Violating traffic rules, breaching of legal duties etc. The insurance companies usually are negotiated with, to pay for vehicle damages
- Workplace accidents: Employee slips and falls; One needs to justify that the conditions of work were unsafe, causing the fall.
- Medical malpractice: unacceptable errors of doctors, misdiagnosis etc.
When negligence by others causes any of the above and harms you, you are liable to file a personal injury lawsuit.
2] Defamation: If one defames your identity such that it extensively affects your personal/professional reputation, you can get help of personal injury law. One needs to prove that the defaming statement was false.
3] Intentional tort: Purposefully committed harm is liable to legal actions. Assault, battery etc. come under this category.
4] Defective products: Product liability lawsuit can be filed against defective products, which are dangerous. Eg. Harmful side effects of a medicinal drug, exposure to asbestos through talcum powders etc.
How does a personal injury case work?
No two cases are the same, so the path followed always differs. But there are a few aspects which are common to all the cases. These are as follows:
A] Defendant maltreats/harms plaintiff
A defendant injures the plaintiff either intentionally or due to negligence.
B] Plaintiff determines breach in legal duty
The situation in which injury occurs determines which legal duty is considered. For eg. When there’s a misdiagnosis by the doctor, the medical standard of care is violated.
C] Settlement process begins
Once the breach is recognized and proved, the defendant can request a settlement outside court, by monetary compensation. Despite that if the plaintiff chooses to take it to the court, the trail begins.
Personal injury laws provide the compensation and justice that plaintiffs deserve. This ensures breaching laws doesn’t go unpunished.
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