Claiming for Personal Injury
About liability and damages.
There are two important essentials when considering whether to file a claim: liability and damages.
- the person or company being charged must absolutely bear responsibility for the injury.
- damages claimed must absolutely reflect the injury or loss.
Depending on the law of the state, these two elements can be determined on one of three bases:
- negligence
- strict liability
- intentional wrong
Negligence
A tort of negligence deems the accused has caused injury by failing to prevent it. For example, the sidewalk outside a restaurant is covered in a thin layer of ice. A customer slips on the ice and breaks his arm. The restaurant owner might be deemed negligent for not taking steps to ensure the safety of his patrons.
Strict Liability
For the most part, strict liability usually applies to product liability law, a sub-category of personal injury. Strict liability exists even if negligence or malice does not. For example, a consumer buys an electric shaver and uses it properly, yet still gets electrocuted. The manufacturer can be held legally responsible, even though he didn’t know the problem existed.
Intentional wrong
In some cases, like domestic battery or sexual abuse, intentional wrong can be claimed and be heard in both civil and criminal court.
First things first
Many cases are non-prosecutable due to overlooking the statute of limitations. Each state has its own laws governing this period of time, and any case must be filed before it expires. Once expired, a claim will be barred forever, and any hope of compensation will be lost.