subject: Anatomy Of A Personal Injury Case [print this page] Personal injury law can be confusing and explaining it in layman's terms can be difficult, but it is important for ordinary citizens, and personal injury victims, to know what it comprises.
In legal circles, personal injury cases are a type of tort law. In personal injury cases, there is a person who is injured due to the actions of another person, for which that person will be held responsible under the law. Three elements make up a viable personal injury cases. First, there is liability: a person is held responsible for the harm he or she caused. Second is the person who sustained injuries and damages resulting from the harm. Third is that the act committed is not excused under the law. Under personal injury law, the victim of any type of personal injury as a result of recklessness or wrongdoing should receive just compensation.
When a person is physically injured he will also sustain other kinds of damage: physical, monetary, emotional, mental, privacy, business, etc. Personal injury cases can be subdivided into these types:
1. intentional personal injury cases injuries caused by the intentional act of another person or entity, such as fraud, assault, or battery.
2. strict liability personal injury cases injuries caused by faulty products (defects on manufacturing or designing stages)
3. personal injury cases injuries caused by the negligence of another person or entity. This includes vehicular accidents, medical malpractice, some toxic torts
4. insult of character such as slander or libel
The two main parties involved in personal injury cases are the plaintiff, who is the person injured or harmed, and the defendant, who caused the harm. However, often more than two parties are involved in personal injury cases. In most cases, the defendant, with his insurance company, will do all he can to settle the case out of court and offer compensation to the plaintiff.
Negotiating without an attorney can do more harm than good because the insurance company will, most often, try to settle for a lower amount than what is fair, and the victim will end up with a settlement that will not compensate all damages. Before the injured party accepts a settlement, he should seek legal advice from a personal injury lawyer who will help him calculate a fair amount of compensation for his pain and suffering. In Louisiana, Brian Caubarreaux & Associates is a personal injury attorney offering a free consultation in all types of accident injury cases. Visit http://caubarreaux.com/ to learn more about the firm.
by: Roland H. Ormond
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