Personal injury law or tort law is intended to assist people who have been hurt by negligence, recklessness, malpractice or inaction of others. There are several legal claims that can be filed in a personal injury case. Here’s just a sampling:

• wrongful death
• auto accidents
• medical malpractice
• defective drugs
• product liability
• worker’s compensation

In each of the cases, a person can file a claim for:

• personal injury
• emotional distress
• property damages

In certain cases like medical malpractice or wrongful death, the family of the subject can file suit on behalf of their loved one.

When filing a personal injury claim, the subject is likely to receive damages; monetary compensation for:

• loss of income
• pain and suffering
• emotional distress
• permanent disability
• other injuries

If a person is considering the filing of a personal injury claim, it is advisable to seek out an attorney who specializes in tort law.

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.