Personal injury law, which is also known as tort law, allows an injured person to sue for compensation when someone else is at fault for their injuries. It is a complex law that entails a number of ways where an injury is sustained. Usually, the injured party can sue for another person’s negligence or international act that led to the injury. Here are examples of different types of personal injury cases.
Car Accident Cases
The most common personal injury cases come about as a result of car accidents. Usually, when an accident occurs, it’s because a driver wasn’t following the rules of the road or was distracted, creating a hazard for others. Reckless and distracted drivers are usually found at fault for car accidents and any injuries sustained by others. There are exceptions in the very few states that follow the “no fault” law, which means drivers have to go through their own insurance companies to cover damages to their vehicle. The only exception to that rule is when a person sustains a serious injury.
Dog Bite Cases
In the majority of instances where a dog bites a person, the owner is responsible for bites and any other injuries sustained. Laws on the responsibility of dog owners vary depending on the state, but in many cases, strict liability rules apply. That means the dog’s owner will be liable for any damages stemming from dog bites even if their pet has never shown aggressiveness toward other people in the past. Some states have what is known as the “one bite” rule, which states that owners are responsible for injuries when their dog has a known history of aggression toward others and has bitten people in the past.
Slip and Fall Cases
Another common type of personal injury case involves slip and fall. Property owners have a legal obligation to ensure that their property is kept safe and hazard-free so that nobody on the premises or on the property on which it stands becomes injured. However, not all injuries sustained on a property lead to liability because the owner’s legal duty varies depending on the circumstances and the law within the state where the injury occurred.
Assault, Battery and Other Intentional Acts
Unlike other types of personal injury cases, assault, battery and intentional other acts are based on a person deliberately harming another individual. These cases have nothing to do with negligence or carelessness like other personal injury claims. They also revolve around a criminal act being performed, which means that criminal charges are brought against the perpetrator. However, a victim can also file a personal injury suit in civil court as well for compensation for their injuries.
Medical malpractice claims come when a doctor or other professional in healthcare provides improper care or is negligent and the patient is injured as a result. The laws regarding malpractice are particularly complex and vary depending on the state where the injuries were sustained.
Defamation: Libel and Slander
Defamation of character via libel or slander is generally injury to a person’s reputation via written or spoken false statements. The plaintiff must prove a number of things depending on their identity and how the statement was made. They also must prove that considerable harm was done to their character and that they suffered harm, usually in the form of financial loss.
These are the various personal injury cases that exist. If you have suffered injury due to any of these examples, contact an attorney to represent your best interests.
Bart Costello is the founder of Injury Law. Bart is passionate about helping people. He has built a strong reputation over the last thirty years as one of the premier Boulder personal injury attorneys.