PERSONAL INJURY LAW: GENERAL CATEGORIES
There are two broad categories of personal injury law:
Negligence cases: These cases come into scene when harm done by the individual involved in an accident is unintentional and never meant to cause any injury. When someone acts carelessly and causes an injury to another person, then the careless person will be legally liable for the harm. Most of the cases arise out of the negligence of the driver involved in the accident. To win such cases the injured person has to prove that the injury caused in the accident was due to the violation of the duties/law by the other party. The driver who caused the accident is to be proved legally negligent and hence liable to pay the compensation for the injuries and damage of the property if any. This also includes clinical negligence cases and personal injury accidents of several kinds. To file a claim under negligence cases you have to keep in mind three things:
- There should be a duty of care between both the parties involved in the accident.
- The person who caused injury fell short of this duty of care.
- Last but not the least is the resultant injury caused by the other side.
Intentional Torts: This falls in the category of cases when a legal action is taken on the basis of wrongful actions taken intentionally by other party and which resulted in injury. In this case the things tend to be more complex; as most of the insurance companies do not cover intentional wrong doings. Hence obtaining the compensation becomes difficult. Intentional torts include assault and battery cases, defamation, child abuse, invasion of privacy, intentional infliction, emotional distress, tort of false imprisonment, trespass, fraud. Trespassing and actions of nuisance come under the category of property torts and the remaining come under person.
