Personal injury occurs when one is hurt from some form of injury, either physical or psychological, as the result of an accident.When a person has suffered some form of injury, either physical or psychological, as the result of an accident or medical malpractice,he can cla im for monetary compensation if negligence on the other party can be proved.A tort is a civil wrong which can be compensated by awarding damages. A person is obligated to give compensation or remedy if he or she causes injury to another person or damage to a property.
Tort is classified into two general categories: negligence and intentional torts. Causes of action arise from “negligence” when the person who causes the harm does not intend the injury, but is careless with the safety of other people. To establish a “negligence” case, an injured person must show that the defendant owed him a duty to exercise reasonable care, that the defendant violated to that duty, that his injuries resulted from the breach of duty, and that the injuries were a reasonably foreseeable result of the violation.
There is intentional tort whe n a person intends to commit the wrongful act which results in injury. Usually, it does not matter if the injury is intended, or if the injury suffered is far more severe than was intended. Establishing that it was deliberately done is not necessary, acceptance on the part of the tortfeasor of his or her awareness that such act would lead to injurious result. Examples of intentional torts include assault, battery, false imprisonment, intentional infliction of emotional distress, and trespass.
Regional tort law can differ, often lawyers are specialized down to the city, for example:attorney in dallas
Relevant and valuable facts are to be considered before deciding to file for a personal injury case for these are the foundation to get a winning case.These factors are your facts and the quality of evidence. When dealing with facts, what is important is to identify who caused the damages and what are the damages. To be able to file a personal injury claim, a forteasor should be identified as the person who damaged something that of the plaintiff. ~ Identifying the four elements that are typically present in a tort lawsuit is a must. It includes: the existence of a le gal duty owed by a person to others; he breach of the duty by one person; the establishing of the facts that such negligence resulted to the damages suffered by a person; and the injuries incurred by a person. The presence of these four elements are important to claim for compensation
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