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Smiling in advertising posters and always present in TV commercials, lawyers specializing in personal injuries usually have high visibility.
But there are different types of personal injury lawsuits and different legal strategies are used when blaming someone for injuries.What is the personal injury law?The law on personal injury is the legal way for an injured person (the plaintiff) to file a lawsuit against the defendant (the defendant) seeking financial compensation for the losses caused by the injury.Personal injury cases include grievances and are divided into three general groups:Neglected wrongs: when someone acts without care .Intentional torts: made on purpose .Objective liability tort: liability imposed without regard to fault.The plaintiff in a civil action, usually, must prove his case by preponderance of the evidence.
This is considerably easier to prove than in a criminal case.Neglectful Injuries: Causing Inadvertent DamageIn many personal injury lawsuits negligence is alleged.
In a typical case of negligence, the plaintiff must prove the following:The defendant owed the claimant a duty of care, to protect him from possible injury.The defendant did not act reasonably in a certain set of circumstances.This action was actually the one that caused the injury to the plaintiff.The plaintiff suffered actual harm due to the breach of the duty of care by the accused.Note that for negligence it is not required that the defendant intended to cause harm, but that the defendant has not acted as a reasonable person would in the same circumstances.
Some examples of intentional wrongs include assault, assault, illegal deprivation of liberty, trespassing and intentional provocation of emotional distress.While some of these grievances may also be tried under criminal law, civil law allows private parties to initiate actions for them as well.
While Simpson was acquitted in the criminal case, which was the one that gained the most notoriety, he was found liable for damages in the civil case.Objective liability grievances: fault regardless of intent or carelessnessThere are some types of grievances in which the defendant can be held responsible if an injury occurs, even if he has not acted negligently or intentionally.
