Personal injury law involves the civil law liability of actions that may be the reason why physical injury or property loss happens to someone. There are three types of claims that you can divide personal injury up in; intentional tort, negligence, and strict liability.
Intentional Tort
In order for you to recover for an intentional torn, there are a few factors that must be present. These factors include:
Intention – there must be an act that was meant to be carried out and this act must either purpose to cause harm or the knowledge that the act would cause harm. Sometimes this is hard to prove and other times, it is a straightforward, open and shut case.
Causation – there must be a link between the defendant’s reason for acting in the way that they did and the injuries sustained because of their action. Sometimes this is the hardest factor to uncover because it is not always easy to determine that someone actually tried to hurt someone else or to do some type of harm that caused injury.
Damages – There must be an injury in order to prove intentional tort. The injury can be emotional distress, physical injury, or property damage done to the victims’ property. But when emotional distress plays a factor, the recovery is sometimes higher under the intentional tort.
Statute of limitations – all states have a certain amount of time in which they will accept a claim for an incident that occurred that has left damage or injury. The time limit means that you must file the correct paperwork in order to file a claim through the courts.
Negligence
In order to recover a negligence claim, Injury Lawyer in Milton knows that you must first have the following:
Duty – this is the responsibility of one who has safety over another. Duty is something that is created by the laws or it could be a result of standards of reasonable care. The law will hold the individual responsible if duty is not satisfied. Examples of duty include a driver cannot cause danger to other vehicles while driving on the road.
Breach of Duty – This is the result of duty not continued, or breached. When an automobile accident occurs, they must show some type of proof that the other individual was driving to the point that it put you in danger.
Strict Liability
Strict liability simply means that the owner of the manufacturer of the vehicle is responsible for an accident that occurred involving you. Sometimes you cannot predict that a vehicle is going to drive wrong or something is going to go wrong with the vehicle until it happens and its usually while you are on the road driving down at a certain rate of speed that it happens. The result of this malfunction could leave life-threatening injuries to anyone involved.
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