An Overview of Personal Injury Lawsuits - Basic Legal Info You Can Use  

         When it comes to personal injury law, it comes under tort law. A tort can be defined as anything that is wrong, which, in turn, can become the foundation for a lawsuit. However, the wrong has to be a civil wrong like a physical or psychological harm to a person.

         The two most common personal injuries that people sue for are intentional or negligent injuries. There is another type of personal injury tort which is known as strict liability and this involves any injuries caused due to selling or manufacturing flawed or malfunctioning products.

         As the name suggests, intentional tort is due to a deliberate act by one person against another, and this act ends up causing physical, mental or emotional trauma to the person. Usually this is seen in case of assault, trespassing, wrongful imprisonment, defamation or causing emotional pain and suffering. However, not every intentional act is seen as an intentional tort.

         Negligent tort is when one person's action causes harm or injury to another person. Here there was not intention to harm or injury the person but it occurs due to negligence. However, the person causing injuries is liable to pay damages. Examples of negligent torts are vehicular accidents, on job accidents, medical malpractice, or injuries caused due to slipping and falling.

         For a person to win a personal injury lawsuit, he has to prove that the other person was engaged in a tortious behavior and it was due to this behavior that the injury or harm resulted. If the person wins the case, he would be eligible to receive compensation that covers the loss faced and any loss he may incur in the future due to the injury. In addition, the compensation will cover the cost of medical expenses and pain and suffering. The compensation may also include punitive damages.

         However, it is important to note that the amount of damages awarded could be reduced if it is found that the injured person did not take sufficient care himself to prevent the injury. In which case, the person may be charged with frivolous litigation where he would have to bear all the costs for the court proceedings.

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An Overview of Personal Injury Lawsuits - Basic Legal Info You Can Use
 

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