TYPES OF CASES: Personal Injury

Personal injury law is designed to protect you and your property when you are harmed as the result of someone's act or failure to act. It is also known as tort law. In a successful case, the person who caused the injury or harm is required to compensate the person who suffered the loss. Generally there are three types of personal injury cases.

Negligence is the first type. Negligence occurs when a person’s conduct fails to protect others from harm. People who act negligently may not intend to cause an injury, but his or her liability may arise from careless or foolish conduct or the failure to act sensibly under certain circumstances. Negligence is the basis for liability in most personal injury cases, including auto accidents and medical malpractice.

Strict liability is the second type. Manufacturers, for example, are liable for injuries caused by defective products they make. An injured person in this type of case must show that the defective product was designed or manufactured in a way that made it dangerous or unsafe when used in a reasonable way.

Intentional misconduct is the third type. Claims of this type must prove more than just a careless action by another person. The offending person must be shown to have intended to engage in the offending conduct. From this conduct, the law concludes that the offending person intended the consequences of his or her action.

Each personal injury action has two parts: liability and damages. First to be determined is whether or not the defendant is liable for the damages you suffered. Second is the nature and seriousness of the damages suffered. If the court finds that you have proven liability and awards damages, you win and the person who caused the injury or harm is required to pay the damages.