Personal Injury law allows individuals who have been injured by another person to file a lawsuit in civil court in order to recover losses caused by the injury. There are a vast number of situations where personal injury law will apply. Let's take a closer look at some of these situations to better understand the basics of personal injury law.
One of the most common situations in which personal injury law comes into play would be accidents. These usually occur when one person behaves negligently, and the result is harm caused to another person or persons. Some examples of this might include:
Slip and Fall Incidents
In some situations, personal injury law applies when an individual's intentional acts harm another person. An example of this would be assault and battery or false imprisonment.
In some personal injury situations, it is an item that inflicts the harm rather than a person. This is considered a defective product lawsuit. A product liability lawsuit can be filed against the product manufacturer if you can prove that it is either faulty or dangerous. This type of personal injury lawsuit would cover various defective items, including vehicle parts, medical devices, pharmaceutical items, and other consumer products.
It is possible for defamation also to be considered a type of personal injury, but only when the defamatory statement causes harm to another person. This harm could consist of financial damages.
How Does a Personal Injury Lawsuit Play Out?
It is important to note that every accident is different, so it stands to reason that every personal injury lawsuit is different. However, there is a standard framework that is followed during this type of lawsuit.
The first step is determining that the defendant in the case has failed to meet their legal duty resulting in the plaintiff being injured. This will be different depending on the type of personal injury lawsuit. However, as an example, in the case of an auto accident, drivers are expected to exhibit a level of care and responsibility when operating a vehicle. If they fail to meet this standard, such as driving drunk, speeding, or running a red light, they have breached that expected duty of care. Similarly, in a medical malpractice case, Doctors have a legal duty to provide an appropriate standard of care. If they are negligent in this care, then their patient could be harmed.
Butler, Vines and Babb is a leading law firm in Knoxville, TN, with extensive litigation experience in Medical Malpractice Law, Birth Injury Law, Trucking Accident Law, Personal Injury Law, and Business Law. Contact us today at www.bvblaw.com or call 865-637-3531.
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