The fact that “personal injury law” is not a law school course may surprise non-lawyers. Instead, law students study “tort law,” which is concerned with all of the different ways in which one person might harm another. Personal injury law companies use only three tort liability theories, despite the fact that the mechanism of damage varies from case to case.
Torts with a target
Intentional torts, for example, are crimes committed with the clear intent to injure others. Battery, assault, and deliberate infliction of emotional distress, as well as false imprisonment, trespass to land and chattels, and conversion, are all intentional torts under common law.
The victim must show that the perpetrator acted with particular intent and that the injury was caused to prove an intentional tort.
As a result, a person injured by an object thrown during an encounter may file a battery lawsuit. When the chair-thrower flung the chair, he or she wanted to injure someone.
The injured party is not required to show that the injury was caused by the tortious behavior since intentional torts do not require proof of foreseeability. Even if electrocution was not a predicted consequence of throwing a chair in this situation, causality is demonstrated if the lamp falls and the electrified person is injured.
Intentional torts are also notable for their broad range of damages. Punitive damages, also known as compensatory and exemplary damages, may be awarded in cases of wilful torts.
Because of the simplified causation standards and the prospect of obtaining exemplary damages, personal injury law firms frequently file intentional tort actions.
The bread and butter of personal injury litigation firms is negligence. Automobile accidents account for 54% of all personal injury cases, making it difficult to demonstrate intent in many cases. In some cases, determining whether a driver rear-ended another driver intentionally or carelessly because of road rage or because they were distracted is difficult, if not impossible.
To establish negligence, evidence must show that a duty of care was due, that the obligation was not performed, that the failure resulted in an accident, and that the accident resulted in harm. The distracted driver owes other drivers the duty of attentive driving in a texting while driving collision, which the distracted driver broke by texting while driving. The negligence case is proven if the accident was caused by the distraction and resulted in damages.
Personal injury attorneys frequently charge the defendant with both intentional wrongdoing and negligence. They also deal with minor and serious cases. For instance, can you sue for a minor car accident? You can if negligence is present. This allows a judge or jury to select the legal theory that most closely matches the facts of a case.
A personal injury law firm may claim that the construction workers intentionally tossed or pushed the equipment in order to injure someone, and that they were negligent in securing the objects so that they did not fall from the scaffolding.
A “strict liability” action is one in which the potential defendant’s attitude cannot be determined or the acts are so harmful that the potential defendant is held liable for any harm produced by the activity.
Working with explosives or storing hazardous waste are two activities that may necessitate strict accountability. Whether or not the one engaging in the ultra-hazardous activity intended or carelessly caused any harm, the party engaging in the action will be held accountable for any damages. This means that the demolition company could be held accountable for any dwelling damage caused by a structure’s demolition.
Product liability is another area where the law imposes severe liability. It is difficult to validate a designer’s or manufacturer’s reasoning in these situations. In some circumstances, all that is required is a flaw and a causal link.
Intentional torts, carelessness, and strict liability are the three types of personal injury lawsuits. A personal injury lawyer, for example, can help you figure out which statutes apply to your situation.