An Overview of Personal Injury Law

                                                                                         

Personal injury law seeks to compensate an individual who has been injured by another person or entity when a civil wrong or tort has taken place. A tort is a wrong evolving from a breach of duty that results in an injury to another person. The breach of duty is established by law, which is different from a breach of contract which is when there is a failure to meet obligation arising out of a contract between parties.

Personal injury law comes from state and federal codes as well as judicial opinions from previous cases. The negligent act causing the injury can both be a crime and a tort, but the tort must be addressed in a civil action or personal injury lawsuit.

The injured party may sue for a court order prohibiting the act which caused the personal injury or for monetary damages. Monetary damages are to relieve the injured party for medical expenses, loss of income, pain and suffering, property damage, loss of consortium, future wages, or funeral costs. The damages can include present and future expected losses that the individual or injured party may incur.

Personal injury law includes the following: negligence; products liability, battery; assault and intentional infliction of emotional distress. These torts fall into different categories such as strict liability torts, negligent torts and intentional torts. Product liability is an example of a strict liability tort. When a manufacturer makes a defective product they can be held liable for any injury caused by that product, regardless of whether there was intent to harm. An intentional tort is when a defendant knew or should have known their actions would cause harm. An example of intentional tort would be when defendant intentionally hits a person causing bodily harm. A negligent tort is when a defendant's fails to use reasonable care such as a traffic accident by a defendant disregarding the traffic laws.

About the author:
Personal injury law is designed to protect individuals and families from financial and physical injuries caused by negligence. Personal injury lawyers in Sacramento are available to handle cases involving auto accidents and truck accidents. Attorneys have the knowledge and expertise to protect your legal rights and help resolve your case.


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