The American Bar Association considers any claim – regardless of its basis or intentionality, negligence, or strict liability – a personal injury if the defendant was liable for your damages. In a personal injury case, if you can prove liability and damages, our system of justice will award you compensation for your loss with the help of a personal injury lawyer.
More specifically, a personal injury case is a civil action. This means that when the court finds another entity to be liable for causing your injuries, it results in damages paid. The liable party pays for damages on behalf of the injured. This differs from criminal liability, in which the liable party would be subject to imprisonment, fines, and community service if prosecuted and convicted in criminal court.
Most personal injury cases come down to negligence or strict liability, negligence is especially common in slips and falls, and motor vehicle accidents. In these situations, the law of negligence determines the level of reasonable care owed from one person to another. The lack of care results in liability for that scenario.
For example, drivers consistently walk the thin line of negligence. Any time a driver is behind the wheel, they must drive with care and adhere to common traffic laws. If a driver violates these laws, such as running a stop sign, the law considers this negligent. Equally, the law considers the driver liable and negligent if the driver, causes an accident by running the stop sign.
Other types of personal injury cases may come down to strict liability. Strict liability is the case when individuals suffer harm due to a defective product. There is no determination of negligence or carelessness to consider. Instead, according to the idea of strict liability, the determination is whether or not the defects were a direct cause of the claimant’s injuries.
Personal injuries can occur anywhere. A variety of different situations are often associated with personal injury claims, but this does not mean that liability is always present.
If you find yourself in any type of personal injury case, it is important to seek professional legal help immediately, to help you seek as much compensation for your injuries as possible.