The personal injury law allows the injured person go to a law court and get legal damages for losses that arise from an accident or any other incident. The main purpose of the personal injury system is to allow the victim to be financially compensated or made whole after suffering harm due to another person’s negligence. Let’s discover the basics about personal injury law.
Personal Injury Basics
There is a wide array of situations where the personal injury rules can apply:
Accidents: When someone acts negligently, the personal injury law can apply. In such cases, this carelessness results in harm to another person. Most of these examples include fall and slip accidents, car accidents, medical malpractice, and many other types of cases.
Intentional Acts: Personal injury law applies in a situation where the defendant wanted to cause harm to another person with an intentional conduct. Battery and assault are the best examples of this Act.
Defective Products: Few situations can arise where the defendant can be liable for an injury caused to a person without any intention or negligence. Certain types of liabilities that can arise from product defection is one of the best examples.
Defamation: This law applies when the defamatory statement of a person causes harm to another person’s reputation.
Who Makes the Personal Injury Laws?
Many personal injury law can be backdated to the common rules. The common rules refer to the law made by judges as it is opposed to the laws made by legislatures in forms of statutes and bills. When a judge decides a case after hearing, his decision concerning that law is often binding. All courts in that state that are lower in ranking than the preceding judge cannot appeal. These courts will apply the ruling of the other judge. In the end, all binding precedent will result in the creation of common law.
From one state to another, the common law often differs. For this reason, the rules for other personal injury laws cannot be uniform across the country. The Restatement of Torts is a collection of common rules that act as a guidebook that explains the rules.
The common law is not always the only emanation of personal injury laws. Some legislatures have worked to pass some formal statutory or legislation law that touches on issues concerning personal injury. When the legislatures passed the workers’ compensation law, they took all work-related injury cases outside the personal realm injury. They also made the workers’ compensation claim the executive remedy for the injured people at work.
Two accidents will never be the same. For this reason, you will not have two personal injury cases treated the same. However, there are standard steps that most of these cases share.