Personal injury claims most people know is when there is an injury caused by another person or entity. Filing this claim is a way to hold the negligent party responsible. What most people are uninformed there is more than just negligence involved in personal injury claims. Personal injury is a tort claim whether based on one of three elements of this area of the law. This area of the law handled by a personal injury lawyer scottsdale az Personal injury can include vehicle collisions, slip and fall incidences, medical malpractice and other events that can cause harm or loss.
The Three Elements of Personal Injury
The tort claim in personal injury has three different elements as a basis for the claim.
• Negligence: The first element is negligence and the most commonly known element. This is when an injury happens due to the actions or inaction of another person or entity. It can be an injury related to an auto collision, a slip and fall incident, and other events of this type.
• Strict Liability: This is an area of personal injury law pertaining to manufacturers and designers to hold them liable. When a defective product results in an injury and caused by a flawed design or manufactured in a way that made it dangerous when appropriately used. The consumer has the right to expect with reasonable and intended use product safety.
• Intentional Wrongs: The most rare personal injury claim is intentional wrongs. This kind of claim based on incidents that may also lead to criminal charges. However, this is a civil case to hold the person or entity legally accountable for the personal injury. The examples of this wrong can be a person who intentionally harms another person, such as physically hitting the victim. This wrong is, perpetrated by an entity like a police officials wrongly detaining a person who is innocent of any infraction.
The Final Result of a Personal Injury Claim
When a person brings a personal injury claim against another party the successful claim the victim will gain compensation. This compensation is based on the negligent action or inaction of the defendant whether another person or entity. The compensation in a personal injury claim can include compensation for medical expenses, loss of wages, and other losses suffered resulting from the harm.
In some cases, the claim does not reach court but settles before going to court. The personal injury lawyer will discuss any offers from the defendant and the victim can decide whether to accept the offer. The attorney can provide advice since they have the experience to understand if the offer will provide the necessary compensation. The importance of a proper settlement is especially important if victim has long-term harm requiring ongoing medical care. Since an offer may sound good until the actual financial losses are considered. In situations where a settlement is not sufficient the personal injury attorney is prepared to take the claim to court to reach a proper settlement for the claimant.
The Technical Side of Personal Injury Law
Admin - May 3, 2017 - 0 comments