What Is Personal Injury Law?
Posted May 8th, 2021 by Anthony Carbone.
Categories: Personal Injury.
Personal injury law — also known as tort law — caters to cases involving injuries caused by another party’s negligent or intentional actions. It allows victims who sustained injuries during these incidents to take legal action against the negligent party and receive damages for all their injury-related losses. The personal injury system was designed to ensure that injured parties receive financial compensation for the losses they suffer through another person’s actions.
If you have been injured in an accident through no fault of your own, contact a Bayonne Personal Injury Attorney to learn more about your rights and legal options.
Personal Injury: The Basics
Personal injury is a catchall term referring to any physical, emotional, or financial harm suffered by an individual due to the negligent or intentional acts of another person. The laws can apply in any of the following situations:
- Accidents — Personal injury laws may apply when someone acts negligently, and in doing so, causes another person harm. Common examples of such cases include medical malpractice, car accidents, slip and falls, and product liability claims.
- Intentional acts — These laws can also apply when someone acts intentionally and harms another person, even when they were aware of the consequences of their actions. Examples include battery and assault.
- Defamation — If someone makes defamatory statements and causes harm to another person, the harmed party can file a personal injury claim.
What Is the Source of Personal Injury Laws?
A good number of personal injury laws are derived from “common law rules,” which are laws made by judges instead of legislatures or through bills and statutes. Essentially, a judge rules on an issue of law while hearing a case, making their decision a binding precedent for all courts lower than theirs.
Besides common law, legislatures also pass statutes that cater to different personal injury issues within the state. A good example is the workers’ compensation act that offers compensation avenues for injured workers, outside the realm of personal injury laws.
Personal Injury Cases
A personal injury case typically begins with the injury victim, or plaintiff, if they decide to file a personal injury lawsuit. However, the plaintiff must have been injured by the defendant to have cause to take legal action. The case may then proceed as follows:
- The plaintiff proves the defendant owed them a duty of care and was negligent
- The plaintiff calculates the value of their losses, otherwise called damages
- They send the defendant’s insurance company a demand letter
- The insurance company denies or accepts the claim, or makes a counteroffer
- Negotiations between the two parties begin
- A settlement is reached, or the plaintiff proceeds to court
Consult a Bayonne Personal Injury Attorney
If you are looking for information more tailored to your situation, you should consider discussing your case with a knowledgeable attorney.
At the Law Offices of Anthony Carbone, we understand how emotionally and financially taxing accidents can be and are dedicated to helping you come out on top. Contact us today at 201-733-2230 to discuss your legal options and how to pursue them with an experienced Bayonne Personal Injury Attorney.
