Tort law is the basis of personal injury. The primary premise of tort law says that anyone who suffers from injuries because of action (or inaction) of another person should get compensation for the injuries. There are 3 specific types of personal injury (which legally are referred to as ‘tort’ claims) depending on the actions of the party (defendant) who is responsible for the injury. These include the following: negligence, intentional tort, and strict liability.
1. The first case is negligence, and it is also the most frequent. These cases typically happen when one party owes another party a duty of care. We all are obligated to act carefully and with the same amount of caution that a reasonable person in the same kind of circumstances would use. This includes slip and fall injuries, as well as motor vehicle accidents.
Typically, in a negligence case, a plaintiff will file a lawsuit saying that he or she suffered injury due to the actions of the defendant. Most commonly, an example of negligence would be unsafe driving resulting in an accident with another motor vehicle.
Quite a few types of accidents can be considered negligence, and are therefore are eligible for a personal injury claim. These types can be divided into four main categories: motor vehicle accidents (involving cars, trucks and motorcycles), medical malpractice claims, products that don’t work or are defective (also called product liability), and slip and fall accidents.
2. The second type of personal injury claim is an intentional tort claim, which is an act that is committed in order to cause harm to you or your property. This is done willfully and purposefully, as opposed to negligence, in which the other party did not intend to do any harm. Some examples of this include assault and battery. You must prove that the other party committed the tort and did so with the intent to harm you in order to win this type of case.
3. The third type of personal injury claim is the liability claim. In liability cases, a company is held liable for all the damages that resulted from the manufacturing and/or selling of a defective, or even dangerous, product. To win this kind of case, you do not have to prove that the other party was at fault to prove that they should be held liable. In Texas courts, the defendant is automatically liable, regardless of if it knew that it was injuring another party.
If you have been injured, or a loved one has been killed, as a result of another party’s action or inaction, you do not have to prove that the party was negligent or intended to do harm. The courts hold the party liable for your injuries (or family member’s death) because the injury was caused by the other party’s action or inaction.
Overall, regardless of which type of personal injury claim you have or the cause of your injury, it is a good idea to find a knowledgeable personal injury attorney who can ease the process for you by answering your questions and representing you in your claim.
If you want to find out more about personal injury claims, visit Shelly Clifton’s site that has free information from personal injury attorneys.. Check here for free reprint license: A Quick Look at 3 Types of Personal Injury Claims in Texas.