Personal Injury Tort: What is It?
Posted October 30th, 2021 by Anthony Carbone.
Categories: Personal Injury.
Are you a resident in Hudson county, and you are not sure what personal injury tort is? You are in the right place. Personal injury tort is a civil case where one party causes harm to another by failing to execute reasonable precautions or practice an appropriate level of care to uphold the safety of the injured party. It mainly involves cases where one party unintentionally causes harm, unlike criminal cases where the liable party intentionally causes harm.
Personal injury tort involves both psychological and physical damages or damage of someone’s reputation, resulting in a loss of income, employment, or clients. For more information about personal injury tort, you can consult a Hudson County Personal Injury Attorney.
What Are Some Common Examples of Personal Injury Tort?
It involves all cases where you sustain injuries due to someone else’s negligence, not intending to cause harm. It includes a wide variety of cases, as discussed below.
A slip-and-fall refers to a personal injury case where you slip or trip on someone else’s property will sustain injuries in the process. It falls under a group of cases referred to as property liability claims. Your fall may have come about due to different dangerous conditions such as poor lighting, extremely narrow staircases, or wet floors.
In most slip and fall cases, you must have sustained injuries due to a dangerous condition that the property’s processor was fully aware of. To prove that the owner of the property knew of the hazardous condition, you must show that:
- The property owner created a dangerous condition.
- The property owner was aware of the existence of the dangerous situation and failed to correct it out of negligence.
- The dangerous circumstance existed for a time long enough for the owner to discover and correct even before your accident.
In personal injury tort, assault refers to the threat or attempt of violence and not the violence itself. For instance, if someone threatens you with a knife without even making contact, you can consider it as an act of assault. Assault does not necessarily require physical contact. Assault and battery, on the other hand, refer to a case where both the attempt or threat to injure someone else and touching them happen. If you have an assault case, you can recover compensatory, nominal, and punitive damages.
When someone loses their life due to the misconduct or negligence of another party, you can file for a wrongful death claim if you qualify. You can only file a wrongful death claim in Hudson County if you are part of the decedent’s estate. To bring a successful wrongful death claim, you must prove the following elements:
- Someone lost their life.
- The accident occurred due to the negligence of someone else or the intention to cause harm.
- The dissidents left surviving family members who suffered a monetary injury due to the death.
- The appointment of a personal representative for the decedent’s estate.
To summarise, personal injury tort refers to civil cases where one party causes injury to another party by failing to practice reasonable precautions or a reasonable level of care.