Common Personal Injury litigation

In order to know if one has valid personal injury case, it is important to know the basics
of Tort Laws.

Many people are still confused about on how personal injury law really works. Here is an
explanation and definition of the civil justice system. Let us say you are injured due to
some negligence in an auto accident, truck accident, fall or defective drug or by a medical
mistake. Maybe from toxic contamination that was released from a nearby manufacturing
plant or by a defective drug or product.

In any of those examples listed, your remedy to recover damages is to make a claim
within the civil justice system. The rules for personal injury law are based on a
combination of statutory laws, which are laws that were passed by the legislature.
Statuary laws are also referred to as common laws. Usually laws are based on what we
inherited from judicial precedents. If we discuss both personal injury law and litigation,
you can break up personal injury litigation into two general categories.

The two categories are negligence cases and international acts. They are also known as
torts. The word tort is a fancy word used, that refers to a legal cause of action. This
means, a wrongful act of another person which entitled an injured party to seek damages
through the courts. Let us now talk about negligence. The cause of action arises when the
person who causes harm does not intend to injury, but is very careless with the safety of
other people.

The most common litigation arises in many motor vehicle accidents when drivers are
being negligent. For most people to win a negligence case, the person who was injured
must show that the defendant did not exercise reasonable care. Common law negligence
actions include automobile accidents, slip and falls, accidents in which improper design
or maintenance, and lastly medical malpractice errors.

Intentional torts, arise when someone intends to commit a wrongful act which results in
injury. Normally it does not matter if the injury is intended or even if the injured suffered
far more than it was intended. In a legal perspective it can be very difficult to obtain
compensation from a person who commits an international tort. Common intentional torts
include assault and battery, child abuse, and defamation of character. The majority of
criminal acts will support a lawsuit which is based upon intentional wrongful conduct of
the criminal. There are also workplace injuries, where legal action can be brought upon
an employer or co-workers, the claim for this is workers compensation.