The Twist and Turns of Personal Injury

The tort law, which covers personal injury, can be so vast for an ordinary individual to completely understand and interpret. It may confuse you why there are so many cases that fall under personal injury. And why is it even called such?
First, you must know that personal injury involves any damage done by another to a person, his private property, rights and/or reputation. This is not merely physical injuries but also includes all emotional, psychological and financial damages incurred by a victim, or the surviving loved ones of a victim.

Since the definition itself of personal injury covers a wide range of injuries, it entails the fact that a person, corporation, organization and any other entity may have liability in case they intentionally or unintentionally caused such injuries.

Intentional torts are acts deliberately inflicted by a party to another. An act is intentional when the person:

• Intended the physical consequences of his/her act; or
• Knew or should have known that those consequences were substantially certain to occur as a result of his/her action.Common intentional torts include assault, battery, false imprisonment, slander or libel, trespassing, infliction of emotional distress, nuisance and invasion of privacy.On the other hand, unintentional torts are civil wrongdoings caused by negligence, inaction or failure of the liable party to act reasonably according to his/her duty of care required by common law. An unintentional tort or negligence is defined as:
• The lapse to do something which a reasonable person would do; or
• Performing an act that a reasonable person would not doTo be successful on a negligence lawsuit, a plaintiff must be able to prove or establish the following elements:
• The defendant owed a duty of care to the plaintiff;
• The defendant breached that duty of care;
• The breach of that duty of care was the proximate and actual cause of the injuries;
• The plaintiff suffered injuries from the defendant’s negligent act.

The duty of care that is always present and questioned in a tort claim, is our legal responsibility not to cause any unreasonable harm or risk of harm to other people. The court applies a “reasonable person’s standard” in determining whether the defendant has breached his/her duty or not.There is a different degree of duty imposed on specific individuals. Some are held to a higher extent of duty when they have a particular expertise or competence that requires extra caution and prudence. Their liability is evaluated against a reasonable professional standard. Medical practitioners have a higher duty of care than others, same with drivers of large and heavy vehicles.

A personal injury tort may also take the form of strict liability. This is a liability without fault and based neither on intent nor negligence. Tort liability is set upon the defendant without need to prove intent, negligence or fault; as long as the plaintiff can prove that it was the defendant’s object that caused the damage.Personal injury victims are protected by common law from these torts. The tort law is designed primarily to award just compensation for the victims and aims to defend their legal rights.

The law also affords victims the right to get legal representation for their claims. Personal injury attorneys have an important role in litigating a case. Going to court before a judge or jury without legal counsel is proven to be unwise.Personal injury attorneys help victims throughout the legal process. Their services can help you understand the twist and turns of tort law.