| Personal Injury Law
When someone is physically or emotionally injured, or their personal
property is damaged, it is considered in law to be a “personal
Injury”. The laws covering personal injury allow the injured
party to receive compensation for damages caused by someone else’s
carelessness, negligence, recklessness, or intentional actions.
Personal injury law is also called “tort” law. States
and the Federal government have enacted tort laws for the protection
of your rights. Tort actions have three elements: there must be
a legal duty between the defendant (the one doing the wrong) and
the plaintiff (the person injured); there must be a breach of that
duty; and, damage must occur because of that breach. When all three
elements take place, a personal injury, or tort, has occurred.
The laws of our society place demands on all citizens not to harm
others. This means that not only should people be safe from harm,
but their possessions also. Whenever someone else harms you or something
that belongs to you, they become liable to answer to the tort laws
governing the situation. Liability can be caused by intentional
acts, or torts, or by negligence. An intentional act is one designed
to cause harm or injury. The person committing the act wants to
harm you. A negligent act occurs when someone fails to take appropriate
action and you are harmed as a result of that failure. For instance,
if an angry person throws a brick through your car window, that
is an intentional tort (it may also be a criminal action). On the
other hand, if a careless driver runs into your car, that is a negligence
tort. In the first case, the defendant wanted to cause an injury;
in the second case, the defendant did not want to injure you but
failed to take the appropriate action to prevent injury. In both
cases, the defendant had a duty not to injure you or your property,
because our laws and society create that duty. The duty was breached
by the intentional or negligent actions of the defendant, and damage
to your person or property resulted.
Another form of person injury law covers “strict liability”.
Strict liability means that there is responsibility whether or not
negligence was involved. This is usually applied to situations which
are in themselves abnormally or inherently dangerous. This concept
also occurs in the area of product liability. Manufacturers are
charged with the responsibility of assuring that their product is
safe when used as directed. If someone is injured by a product,
under the terms of strict liability they do not have to prove intent
or negligence, only that the product was defective through no fault
of their own, and that harm was done.
Once a personal injury has occurred, the defendant has a liability
to make good the damage done. “Damages” is the term
for whatever is owed to you to compensate you for your loss. Damages
can be agreed upon by you and the injuring party, through insurance
settlements, or by other means. But often the damages offered to
you may not fully compensate you for your loss. This is especially
true if you have suffered physical injury and have not been able
to work. Personal injury law is the mechanism for determining who
is in the wrong, or in other words, who is “liable”,
and what the liable person should have to pay for the damage caused.
If you are the victim of a personal injury, there are several
things you can do to help yourself. First of all, make sure that
you seek proper medical attention and that you follow up with the
proper authorities and your own insurance company. If you believe
your injury was caused by the carelessness or intentional act of
another, you may want to contact an attorney to discuss this. You
should call as soon as it is convenient to do so and avoid discussing
the matter with strangers and/or insurance representatives who are
not from your own insurance company. You should be cooperative with
the police, your own treating physicians, and your own insurance
company. Most personal injury cases are covered by a statute of
limitations, which means that you only have a certain period of
time in which you can file a lawsuit.
If you or a loved one is in need of legal assistance, call Boller
& Vaughan S.C. at (608) 268-0268 or submit
an online questionnaire. The initial consultation is free of
charge, and if we agree to handle your case, we will work on a contingency
fee basis, which means we get paid for our services only if there
is a monetary recovery of funds. In many cases, a lawsuit must be
filed before an applicable expiration date, known as a statute of
limitations. Please call right away to ensure that you do not waive
your right to possible compensation.
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