Common Kinds of Personal Injury Cases
Any kind of accident or incident can cause personal injury, but here are some of the most common kinds of claims. Personal injury law which is also known as tort law allows a person to get compensation when someone acts in wrongful conduct such as negligence or intentional actions that cause harm to them. There are a variety of situations that can give rise to a valid personal injury claim, however having an injury does not automatically result in legal liability.
Car accidents are one of the largest front runners for personal injury cases in the United States, this is because when a car accident happens typically it is because somebody is not following the rules of the road and they are not driving as carefully as they should be. And incorrect in case it is a careless driver is often held financially and otherwise responsible for injuries that stem from a car accident. There are exceptions to this rule, and in no fault states drivers have to collect from their own insurers except in cases of serious injury.
Slip and fall cases or another common type personal injury case, because property owners and renters, have a legal duty to keep their premises reasonably safe and free of hazards so that people who visit the property do not become injured. Of course again, not all injuries that occur in the property are going to lead to liability, because it depends on the exact nature of a landowner’s legal duty to the person that was injured. Legal duty depends on the situation and the laws in place where the injury occurred.
Medical malpractice can occur when a doctor or other healthcare professional provides treatment to below the appropriate medical center care, resulting in a patient being injured. Getting a bad result in treatment does not mean that practice has occurred however.
Defamation in the form of libel and slander refers to an injury of a person’s reputation due to untrue statements. The exact nature of what defamation is, depends on what the plaintiff can prove. However when it comes to libel and slander cases it also depends heavily on who the plaintiff is, where the forum of discussion that the statement was made happened, and the media upon which the statement was made. The average person just needs to prove that an untrue negative statement was made and they caused actual financial harm by making that statement. Celebrities and public figures need to prove actual malice, which means that they must prove that the entry statement was made either intentionally or with reckless disregard of the truth of the statement to otherwise harm that celebrity.
Posted on March 30, 2022 @ 2:55 pm