Personal injury law (also known as tort law) allows an injured person to go to civil court and get a legal remedy (damages) for all losses stemming from an accident or other incident. Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss. The purpose of the personal injury system is to allow the injured person to be compensated financially or "made whole" after he or she has suffered harm due to someone else's carelessness or intentional conduct.
The Basics of Personal Injury
There are a wide variety of different situations where personal injury rules apply:
Trucking Accidents and Catastrophic Accidents. Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person. Examples include car accidents, slip and fall incidents, and medical malpractice, among other types of cases, that result in extensive injuries and damages.
Wrongful Death. Personal injury laws apply in situations where a defendant’s conduct causes death of another person. When a person dies or is killed due to the negligence or misconduct of another, including murder, the surviving members of the victim's family may sue for "wrongful death." Also, the care of vulnerable individuals require special treatment. The Coronavirus ("COVID-19") require strict adherence to treatment guidelines, procedure and policies. Victims of wrongful death that occur in nursing homes, hospitals and other treatment facilities due to the negligence of those charged with the responsibility of that treatment may have a cause of action or claim.
Defective Products. There are a few situations where a defendant can be found liable for injuries without any negligent or intentional wrongdoing. Examples of this include certain types of product liability claims arising from a defective product. Defective or dangerous products are the cause of thousands of injuries every year in the U.S. "Product liability law," the legal rules concerning who is responsible for defective or dangerous products, is different from ordinary injury law, and this set of rules sometimes makes it easier for an injured person to recover damages.
Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. In general terms, the law requires that a product meet the ordinary expectations of the consumer. When a product has an unexpected defect or danger, the product cannot be said to meet the ordinary expectations of the consumer.