Laws relating to personal injury are defined at a state level. This means that members of legislatures sit down with a panel of judges and they work together to modify, amend, and create these laws. Personal injury laws can vary between states and will have different rules and stipulations depending on where you live. Many state laws share several similarities and in the case of personal injury laws, there are three torts to take into consideration; strict liability torts, intentional torts, and negligence torts.
Let’s take a look at each tort in closer detail.
Majority of personal injury laws fall under negligence torts. Majority of personal injury lawsuits are also based on negligence torts. The laws we have make it mandatory for all citizens to acting reasonably and responsibly with other people in all given situations. In other words, everybody should act and behave rationally and avoid affecting other people negatively or at all with our actions.
Here’s an example:
Reasonable people would clean up accidentally spilled water or broken glass off the floor especially if it receives a lot of foot traffic such as a restaurant or sidewalk. If a restaurant or business owner fails to clean up their area of responsibility and somebody were to slip and injure themselves the owner would be responsible for negligent behavior under negligence torts.
Intentional torts fall covers cases where the offenders are fully aware of the consequences of their behavior. Actions are intentional. Examples of these would include assault, physical assault, mental abuse, and workplace harassment.
Strict liability torts cover a certain kind of behavior. In these instances, if the actions of one individual causes negative results or even harm to somebody, the victim can sue the offender under strict liability torts. The actions that lead to negative consequences means that the defendant is guilty. Whether or not the defendant was aware of their actions will not be considered.
How personal injury laws concern malpractice
Aside from the aforementioned torts, accident & injury laws protect everybody from professional malpractice. Professional malpractice and medical malpractice laws are in place to put a stop to unethical and damaging decisions made by medical practitioners and other professionals.
Product liabilities are also covered by personal injury laws. This part of the law gives consumers the right to sue manufacturer’s for defective products that resulted to damages and injuries to the users.
Here’s an example:
If somebody buys a table from a furniture store and the table’s legs break easily due to faulty design, then the consumer can sue the furniture store or its manufacturer for compensation.
It’s also worth noting that transportation laws are also a part of personal injury laws. Vehicular, aviation, railroad, maritime, and automobile accidents fall under state personal injury law.
How this affects you:
If you are going to put personal injury laws to use, you have to know which section of the law best fits your situation. You need to know if the negligence tort or the transportation law should be the basis of your compensation claim case.
If you’re feeling uncertain or overwhelmed, that’s to be expected. The complexity of injury laws make it hard for everybody who doesn’t specialize in the law. You’d need a reliable attorney to rely on to guide you through the whole process and give you proper compensation.