27th Oct 2014
A personal injury is generally described as a physical or mental injury that occurs due to someone’s negligence, intentional harm, or strict liability.
Negligence in personal injury case specifically means that the other party did not act with reasonable care. For instance, you could be in your car at the stop light and you’re rear-ended by another vehicle because he or she did not pay attention. In the event that you suffer a physical injury in this scenario, this could be classified as a personal injury due to negligence. (Damage to you car is not personal injury but considered as property damage.)
Intentional Harm in a personal injury case refers to a situation where a person has set out to do harm to you. Cases of intentional harm may include assault, battery, and false imprisonment.
Strict liability is used to describe anyone involved in the distribution, production or sale of products that may be defective and is fully held responsible if the products injures someone.
Forms of Personal Injuries
We live in environments that expose us to injuries of various forms. The only difference between the personal injuries sustained by people is the severity and frequency. The fact that people have different occupation, economic and social statuses means that the risk of exposure to personal injuries varies. Personal injury types include:
- Auto accidents
- Motorcycle accidents
- Boating accidents
- Slip and fall accidents
- Wrongful death
- Dog bites
- Product failure or malfunction accidents
In law, most of the personal accident injury cases are categorized as torts. These are considered as civil and not criminal cases. They are designed in such a way that the law holds someone else legally responsible for the injuries sustained by you.
As mentioned earlier, many personal injuries are caused by acts of negligence. The law requires that for your case to be valid, your attorney must demonstrate without reasonable doubts that you sustained your injury due to negligence. Your attorney is required to prove a number of things to demonstrate proof of negligence:
Duty of Care: He must show that there was a direct obligation by the person considered to be negligent in a prudent manner to avoid causing an injury.
Direct Cause: To demonstrate that as a result of acts of negligent like omission by the accused led to the injured sustaining an injury.
Breach of Duty: The attorney is expected to prove that the person accused to be negligent in a way exposed the injured person at a risk that led them to be injured.
Harm: A result of their client sustaining an injury that they incurred losses, such as financial loss in terms of medical bills or inability to work.
In the event that you sustained a personal injury, consult the law office of an attorney that is well versed with your jurisdiction. This is because the tort laws differ among various states. If you’ve suffered a personal injury in Orlando, Kissimmee, or Deltona, contact the Law Offices of Payas, Payas, and Payas. We are experts in personal injury law in Orlando and surrounding areas of Florida.