There is a type of law designed to protect the rights of a person who has been injured. It is known as tort law, or more commonly known as personal injury law. This area of the law makes it possible for individuals who experience an injury due to another person’s intentional act or negligence to receive compensation for their loss. A tort law case can cover many different circumstances involving an individual being injured and obtaining compensation.
This involves assault, battery and other types of intentional acts. This is harm a person experiences that is intentional. It is not the result of an accident or someone’s carelessness. These types of situations usually have a criminal case associated with them. Should one person attack another, the perpetrator may have a civil case against them, as well as a criminal case, for the same incident. In a civil case, the victim can be awarded compensation for any damage they experienced.
This type of tort case involves claims against a physician or other type of healthcare professional who does not provide care that meets a profession’s standards. The care they provide is not considered competent or is not done with a reasonable level of professional skill. This can result in a patient experiencing a personal injury. These cases are some of the most complicated tort law cases.
Cases Involving Vehicles
An accident involving a vehicle creates the majority of tort law cases in the United States. It is very common for someone to disregard the rules of the road, not drive safely, and experience an accident. When someone is driving carelessly, they can be held financially responsible for the losses a victim experiences because of a vehicle accident. There are certain exceptions that are recognized. In some states, there are no-fault laws. In these states, an insured person must collect for their losses from their own vehicle insurance provider, even if others are responsible for the accident. Exceptions are often made for very serious injuries resulting from a vehicle accident.
Slip and Fall
Another common type of tort case involves slips and falls. Property owners, as well as people renting property in some situations, are legally obligated to maintain their property. It must be maintained in a reasonably safe condition and be free from hazards that could injure people. The type of legal duty a person has for their land can be different depending on circumstances. Responsibility will also be determined by the state where the property is located.
When a person has their character defamed, it can be considered a form of libel or slander. Damages can be awarded when a person experiences damage to their reputation caused by untrue statements made about them by someone else. The nature and type of defamation experienced by a plaintiff must be proven in court. The notoriety of a plaintiff often determines what must be proven. Public figures, as well as celebrities, only have to establish the untrue statements were made with actual malice. They must show the untrue statements were made with reckless disregard for the truth or with the intent to cause them harm.
It is understood that individuals who own dogs are responsible for any damage or loss caused by their pet. It is a dog owner’s financial responsibility to pay for damage and injuries caused by their pet. What laws apply concerning the responsibility of dog owners varies from one state to another. A dog owner is usually considered responsible even if their dog has never behaved aggressively or shown a desire to bite anyone. Some states believe a dog owner only becomes responsible for damage or injuries if they should have known their dog was aggressive and likely to bite someone.
When an individual has experienced a loss as the result of a legal tort, they should discuss their situation with an attorney. If you think you have a claim, schedule a free consultation call us at 713-936-9496