Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In fact, the word “tort” comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation (usually money) for the harm caused by the defendant’s actions.
Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances.
Examples of negligence include car accidents caused by drunk drivers, medical complications resulting from a physician’s carelessness, and dog bites that occur when vicious animals are permitted to roam free. In each instance, the responsible party ignored the risk posed to others, and as a result, the plaintiff was injured.
Once negligence has been established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant’s actions. Certain types of damages are easy to calculate, such as property damage and medical bills. For other types, such as emotional distress and loss of earning capacity, expert testimony may be required. Punitive damages, meant to punish and deter particularly egregious conduct, may also be available.
When initiating a tort action, identifying the proper defendants can be difficult. This is because the “tortfeasor” who directly harmed the plaintiff – be it a delivery driver, nurse, grocery store clerk, or other individual – may not have the financial resources to pay a large judgment. An experienced injury attorney can identify and sue additional parties who are liable based on their relationship to the tortfeasor, such as a landlord or employer.
Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances.
Examples of negligence include car accidents caused by drunk drivers, medical complications resulting from a physician’s carelessness, and dog bites that occur when vicious animals are permitted to roam free. In each instance, the responsible party ignored the risk posed to others, and as a result, the plaintiff was injured.
Once negligence has been established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant’s actions. Certain types of damages are easy to calculate, such as property damage and medical bills. For other types, such as emotional distress and loss of earning capacity, expert testimony may be required. Punitive damages, meant to punish and deter particularly egregious conduct, may also be available.
When initiating a tort action, identifying the proper defendants can be difficult. This is because the “tortfeasor” who directly harmed the plaintiff – be it a delivery driver, nurse, grocery store clerk, or other individual – may not have the financial resources to pay a large judgment. An experienced injury attorney can identify and sue additional parties who are liable based on their relationship to the tortfeasor, such as a landlord or employer.
Yesterday I was going home from office when a dog suddenly came and bit me on the street. Who is liable for my injuries?
ReplyDeleteIf a person is attacked and injured by a dog running free in a leash law jurisdiction, the dog owner may be liable even if the dog does not bite anyone and is not an inherently vicious breed. Many states, including New Jersey, have also passed laws that hold an owner liable if the dog bites someone on the owner’s property.
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My son suffered grievous dog bite injuries. The dog’s owner is not willing to compensate for the injuries. Can you please help?
ReplyDeleteThe pain, scars and trauma of a dog bite injury can be debilitating. Medical care and recovery, which can include skin grafts, may be expensive. Jacoby & Meyers helps dog bite victims in the New York City area recover damages for their injuries. The experienced personal injury lawyers at Jacoby and Meyers will work diligently to uncover any relevant facts, like a history of danger. Contact their attorneys today to schedule a free consultation. For more details: http://www.jmlawyer.com/practice-areas/dog-bites
DeleteWhen my son was playing at our neighbor's home with their boy, their dog came and bit him. He was severely injured and had to be admitted him to a hospital. I want to file a compensation claim. Can anyone suggest a good counsel lawyer?
ReplyDelete"Dog bite injuries can be extremely severe and may lead to brain and head injuries. If you or a loved one has suffered a brain and head injury as a result of a dog bite or any other incident, contact us immediately to learn how we can help.
DeleteRead more: http://www.lawampm.com/practice-areas/dog-bites"