Do you want to get the compensation you deserve from your personal injury lawsuit? We guess that you probably do. How do you do this? This article will help you make sure you are getting the most from your claim.
All personal injury law cases are different. While there may be quite a few similarities, the laws regarding these cases vary depending on the state you live in. You should make yourself aware of how your particular personal injury claim can be defined, and what kinds of compensation you’re entitled to.
Defining Your Type of Claim
Three types of torts are generally taken into consideration when defining personal injury law cases.
The name explains what kind of activity falls under intentional tort law- acts that are committed intentionally. If someone has wronged you, while knowing full well the consequences of their actions, then you could claim an intentional tort against them. Assaults, physical abuse, mental abuse, and bullying of various kinds are all acts that you can claim an intentional tort against.
Most personal injury law claims are filed under negligence law. Negligence means that someone has neglected to act in a reasonable and/or responsible manner. For example, if your landlord is aware of a pipe that has burst in your apartment, but has not called in the plumber to get it fixed, then he has been negligent in his duties to maintain your house. The claim you have will likely fall under negligence tort law.
Strict Liability Tort
If you are faced with a situation where you have been harmed by someone else, your claim may fall under strict liability tort. The person who has harmed you is usually considered guilty because you have been personally injured by their action(s). Claims of not being aware of the consequences do not hold up in court in these types of cases.
You can also be a victim of a personal injury case through professional malpractice. In this case, your claim would be defined as a malpractice suit. For example, if a medical practitioner fails to give you adequate health care, then you file a malpractice suit against them.
If you are sold a defective product then you can claim personal injury under product liability. This means that you will be fairly compensated for being sold faulty goods. Often, however, you would not reach the stage of filing this claim as brands would try to compensate you themselves to hold a good public relation standing.
Sometimes your personal injury may result from a form of transportation such as automobiles, trains, aircraft, etc. This type of personal injury is typically defined using transportation laws.
If you are unsure about how to define your particular case- don’t panic! That’s what personal injury lawyers are here for. As experts, they will help you define your case, and they will make sure that you get the compensation you deserve.