Below are some useful websites that may provide you with some basic information about your matter.
The referral to these sites is not intended to be legal advice and you should consult with an attorney if you believe that your rights have been violated.
Personal injury is harm suffered by an individual due to the wrongful conduct (or omission) of another for which the law provides a remedy.
WHAT IS A TORT?
Personal Injury is based on the law of “Torts”. A tort is a civil wrong against an individual, which exposes the person committing the wrong (“tortfeasor”) to civil liability. Compare this to a crime, which is a crime against the State and exposes the wrongdoer (alleged “criminal”) to a prison sentence and/or fine.
INTENTIONAL ACT V. NEGLIGENCE
A tort can either be intentional or negligent. An intentional tort is one done intentionally, as opposed to negligently. Some examples of intentional torts include assault, battery, false imprisonment, and defamation.
A negligent tort is exactly as it sounds – the tortfeasor did not intend for the wrong to occur, but due to his carelessness or negligence, another suffered damages. A good example would be a vehicular accident due to someone’s failure to observe safety signs and/or streetlights.
STRICT LIABILITY
A defendant is liable under the theory of strict liability regardless of fault. Here, if the Defendant caused the injury, he is automatically liable, whether intentional or negligent. Some examples include certain product liability, wild animals, and ultrahazardous activity cases.
BURDEN OF PROOF
To prove an intentional tort, plaintiff must show that defendant acted willfully, and that such conduct was the cause for plaintiff’s damages.
To prove negligence, plaintiff must show 4 things:
- Defendant had a duty to act (or refrain from acting a certain way);
- Defendant breached that duty to act (or refrain from acting that way);
- Defendant’s breach of duty caused Plaintiff’s injury; and
- Plaintiff suffered damages as a result.
In a civil lawsuit, the burden of proof is “by a preponderance of the evidence”. This is a lower standard than in a criminal case, where the burden of proof is “beyond a reasonable doubt.”
DAMAGES
Damages can be economic or non-economic. Economic damages are those that are readily calculable such as medical expenses, loss of earnings, burial costs, loss of use of property, costs of repair or replacement, costs of obtaining substitute domestic services, loss of employment and loss of business or employment opportunities.
Non-economic damages (or “pain and suffering”) denotes subjective non-monetary losses including but not limited to inconvenience, mental suffering, emotional distress, loss of society and companionship, loss of consortium, humiliation and injury to reputation.
Punitive damages are sometimes awarded when defendant’s conduct has been found to be especially egregious or malicious. The purpose of punitive damages is to punish the tortfeasor and to deter future tortfeasors.
If you have suffered damages, please make sure that you take care of yourself. See your doctor immediately and take all steps to protect against further injury. Do not worry about lawyers or lawsuits until you make yourself healthy.
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