Personal Injury Law is what makes up the Law of Tort.
Law of Tort is the branch of law that provides remedies for a wrong against an injured person. This implies that anyone who has suffered harm due to another person’s negligence or action has the right to sue for compensation. The harm in this context could be pain and suffering, property damage, workplace injuries, or even a victim of medical malpractice. In essence, Personal Injury Laws refer to the remedies sought in the law regarding the wrong done against a person, which has caused harm to such a person.
For a person/defendant to be liable under Personal Injury Law, some facts must be established in the law court. These facts are part of what forms the basics of Personal Injury Law.
- Duty of care
Duty of care forms a basic part of a personal injury case because it is trite law that everybody owes their neighbor duty of care. This means that one must make sure that their actions or activities do not pose a risk to the people around them else, they risk a personal injury lawsuit.
Under Personal Injury Law, it must be established that the person being sued (Defendant) has a duty of care towards the Plaintiff, which he (the defendant) failed to take into consideration. This could range from a construction site owner failing to provide adequate safety signs, leading to personal injury cases, or typical cases of slip and fall in public places due to an absence of proper visual warnings.
In any of the aforementioned cases, the victim may seek the counsel of personal injury lawyers in a bid to file a lawsuit against the owner.
Foreseeability is an important question that must be asked to determine whether a defendant owes a plaintiff, duty of care. “Was the incident that led to the personal injury something that could have been avoided or foreseen had the defendant exercised his duty of care towards the plaintiff?”
Negligence is when an injury occurs directly due to someone’s failure to exercise his duty of care. The Plaintiff (the person suing) must prove that the defendant was negligent before a defendant would be held liable for personal injury.
Damages refer to the remedy or compensation given to the Plaintiff for damages caused by the defendant through his actions or inactions.
A Personal Injury Lawyer helps one understand their rights, advises on a case at hand and how to go about it, and represents one in court.
Criminal Appeal Lawyers
An Appeal is a review of a judgment of a court. It occurs when a defendant goes to a court with higher jurisdiction to determine adjudication’s correctness.
A Criminal Appeal Lawyer is a lawyer who represents the defendant, who is now known as the appellant in court.