Personal injury law (also known as tort law) allows an injured plaintiff to get compensation when someone else’s negligent or intentional act caused the plaintiff harm. There are a variety of different situations that can give rise to a personal injury case, although not every situation in which someone is injured is going to lead to liability.

Main Types of Personal Injury

Some of the most common causes or personal injury include:

Motor Vehicle Accidents
Medial Malpractice
Workers Compensation
Slip & Fall
Dog Bite

Additionally, we can also help with the following issues which often relate to Personal Injury:

Negligence Tort
Private Nuisance
Breach of Contract
Family Law
Class Action
Mass Tort

Other Types of Personal Injury

Wrongful Death

Wrongful death is a lawsuit brought by a family member of the deceased victim against the person who caused the death. A wrongful death lawsuit can also be brought against businesses, government agencies, or other organizations, not just individuals.

The standard of proof for wrongful death claims is also lower than criminal cases; in other words, it is easier to win a wrongful death case than it is to get a conviction for a criminal case. Wrongful death and criminal prosecution, however, are not mutually exclusive. An individual may be sued for wrongful death in civil court and be brought to stand trial in a criminal court.

Responsibility for a person’s death can arise from any of the following actions:

• Negligent or careless acts
• A reckless act
• An intentional act

Assault, Battery and Other Intentional Torts

Unlike most other types of personal injury claims, intentional torts are not based on accidents caused by negligence or carelessness, but rather when one person harms or injures another with intent. These cases almost always involve the added aspect of a criminal case against the perpetrator. For example, when one person physically attacks another, he or she will probably face criminal charges. Additionally, the victim can file a personal injury lawsuit in civil court and demand compensation for the injuries.

Injury from someone’s intentional behavior- While most people think of civil lawsuits as relating to negligence, you can also sue if someone intentionally hurts you. This is true even if they didn’t intend to hurt you specifically. For example, if your neighbor throws a rock at her friend and that rock hits you and injures you, you may be able to sue and recover damages for your injuries in civil court.

Several intentional torts are recognized by most states, including battery, assault, false imprisonment, intentional infliction of emotional distress, trespass to land, trespass to chattels and conversion.

Product liability

Injury from a defective product: All products are required by law to be safe when used as intended. When they are not, strict liability often applies- which means a manufacturer can be held liable even if he wasn’t negligent in producing the product. Unfortunately, unsafe products are released on occasion- such as the 2010 Toyota recall. When this occurs, you may be able to recover your damages in court.

Dangerous Drug

Injury from a dangerous drug- Drugs are a product too, and held to safety standards as well. Unfortunately, sometimes unsafe drugs are released. This often leads to litigation in the form of class action lawsuits against the drug companies, but you may be able to bring a private lawsuit as well.

Defamation/Slander/Libel

Defamation of character in the form of libel or slander refers to the fact that a person can suffer an injury to his or her reputation as a result of untrue statements. The exact nature of what defamation plaintiff must prove will vary depending on who the plaintiff is, and the forum where the statement was made. The average person usually just needs to prove that an untrue negative statement was made and that actual harm (financial loss) came from it. Celebrities or public figures, on the other hand, usually need to prove “actual malice.” This means they need to prove that the untrue statement was made either intentionally or with reckless disregard to the truth of the statement.

Finding A Personal Injury Attorney

There are many types of personal injury cases for which a plaintiff might need legal representation from an attorney. A good lawyer will assure you of the best outcome for your case, by handling your personal injury claim.

With one of our attorneys experienced in tort law on your side, you can fight to get compensated for medical expenses, lost wages, and pain and suffering.   Contact us for a free consultation!