The personal injury law, also known as “tort”, allows an injured person to file civil suit in court and seek a legal remedy (” damages”) for any losses resulting from an accident or another incident.
Personal injury systems are designed to help the victim of harm caused by negligence or intentional conduct.
In this article we will cover the basics of personal injuries law
We will Discuss where personal injury law is derived.
Personal injury law defination
Let us explain the typical process in a personal injury case.
The basics of personal injury
Personal injury rules can be applied in many different situations.
Accidents. Personal injury rules are applicable when someone causes harm to another person by acting negligently. Car accidents, Slip and Fall incidents and Medical Malpractice are just a few examples. Find out more about negligence for personal injury cases.
Intentional acts. Intentional acts are situations in which a defendant’s deliberate conduct causes injury to another person. This includes assault and battery and other intentional torts.
Defective Products. Product Liability Lawsuits against Manufacturers.
Defamation. Personal Injury Laws apply when a defamatory statement causes harm to another person.
Who makes personal injury laws?
Many personal injury laws are based on old “common law” rules. Common law is law that has been made by judges and not by legislatures, or as passed in statutes and bills.
A judge decides a case and her decision becomes binding precedent for all courts that are lower than the judge who made it. The other courts must then apply the same rules as the first judge, creating a body called “common law.”
The common law can differ from one state to the next, so personal injury laws may not be the same across the country. The Restatement of Torts is a guidebook that summarizes the common law. Many states use this as a source of guidance in personal injury cases.
Personal injury law does not only come from the common law. Legislators have made laws that address personal injury issues. When legislatures passed workers’ comp laws, they basically took all cases of work-related injury outside of the realm of personal injuries and made workers compensation the only remedy for the injured workers (in most instances precluding injury related lawsuits against employers).
The statute of limitations is another state law that applies to injury cases. It limits the time you can file an injury-related lawsuit in your state’s civil court system. Find out more about time limits for filing a personal injury lawsuit.