February 27, 2008

A Guide To Personal Injury Law

Any legal action relating to personal injury can be classified as either an act of negligence or as an intentional act, or tort. The word 0tort0 is just a flashy word that refers to the wrongful act of a person that gave an injured party the right to seek damages through the court system.
Negligence cases arise when a person is injured by someone who does not intend to cause harm to that person. The person who causes the injury is careless, or negligent, with other people0s safety. Basically, negligence is a failure to be careful when reason dictates that one should be careful. Some of the most common negligence court cases result from automobile accidents, medical malpractice, or accidents resulting from improper maintenance or design.

In order to win a negligence cases, there are four criteria that a plaintiff must prove about the situation that took place. First, it must be clear that the defendant owed a duty to the plaintiff, such as being careful while driving. It must be clear that the defendant violated that duty, and that as a result, the plaintiff was injured. Finally, it must be clear that the injury present was a foreseeable result of violating […]

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