All About Personal Injury Litigation
There are various instances wherein people are hurt due to anothers fault or negligence
. When these situations occur, the issue of personal injury litigation comes up.Personal injury does not only cover or refer to bodily harm. It also pertains to financial, emotional, or property damage that is suffered by people who are involved in a certain incident. There will be personal injury litigation if one party can be held accountable or liable for the damages suffered by the aggrieved party. In addition, personal litigation will also arise if the case cannot be resolved through a settlement or outside court procedure.
There are different instances that can be covered by personal injury litigation. Aside from car crash accidents, which are rife with personal injury claims, other cases include:
Drowning- A person can greatly suffer from either a wet drowning or dry drowning. In wet drowning, a person consequently dies due the absence of oxygen, which is cause by being under the water. Meanwhile, in dry drowning, the persons lungs in unable to extract oxygen from the air.
Animal attacks- An animal attack can cause a person to sustain and suffer from slight or serious injury. Pet owners will be held accountable for the damage caused by the attack of their animal that occurred due to their negligence.
Slip and fall accidents- This is the term used for incidents that involve individuals who sustained injuries when they slipped or fell because of the hazardous condition of anothers property.
Proving Liability in a Personal Injury Litigation
The person who sustained injuries may choose to build-up his/her case through proving grounds and establishing the elements of tort so that liability will be proven.
The different kinds of torts are:
Negligence torts- These are torts that are concerned with the negligence of a person that causes injury or harm to another person.
Intentional torts- These are torts that are concerned with a wrong that was intentionally done, not due to carelessness or negligence.
Torts based on strict liability- In this kind of tort, the plaintiff claims that the defendant is the one who is accountable for the outcome of his/her actions, regardless of fault and if he/she is careful is not relevant.
Meanwhile, there are other factors that are looked upon in determining liability in personal injury litigation cases. Two of these factors are:
If the injured person was in an area wherein he/she is not supposed to be seen, or a place wherein he/she could expect or anticipate that a certain activity would take place. If this is the scenario, the other person may not be liable because he/she has no duty to exercise carefulness towards the person injured.
If the injured person was also negligent, the compensation for damages suffered that he/she may acquire can be reduced up to the proportion of his fault or negligence as to why the accident occurred.
Lawyers Assistance in Personal Injury Litigation
It is advisable that you ask for the assistance of a skilled attorney if ever you are involved in the complex legal process of personal injury litigation. Through this attorneys assistance, you will have a higher chance of winning your case and acquiring proper compensation for the damages you suffered.
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