Dummies guide to Personal Injury and Litigation
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by: Claims for you
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Word Count: 500
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In this article we aim to explain what personal injury and litigation means in the legal world. We will break down personal injury litigation into two general categories, negligence and intentional or as it is known in the legal world, torts. Torts is a fancy word meaning legal cause of action.
Negligence
This is when the person who causes harm does not mean to but has done something which is careless and affects the safety of others. Usually litigation from vehicle accidents is charged as the driver was negligent.
In a negligence case, injured parties need to prove that the defendant owed him duty to exercise reasonable care that the defendant violated this, the injury resulted from this and the injuries were fairly foreseeable from this violation. So in layman’s terms, it means in a car accident, a driver owes other road users the duty to drive safely and keep his vehicle in control. So when an accident happens and causes injuries, the person injured has a good argument that the driver causing the accident was negligent and should compensate them for their injuries.
Negligence cases often deal with vehicle accidents, work accidents such as trips and falls and medical malpractice cases.
Intentional Torts
This is the opposite of negligence and is when a person intentionally causes a wrongful act which causes injury. Sometimes it can be much harder to get compensation from someone who commits intentional tort as insurance policies usually do not cover intentionally acts.
Sometimes injuries are a result of multiple parties being involved. For example if a child intentionally held another child under water and it resulted in the child sustaining serious injuries, then the swimming pool and its lifeguards could be seen as being negligent and could be taken to court and have to pay compensation.
Common cases of intentional torts usually include assault and battery, defamation of character and child abuse. With most criminal being linked to intentional wrongful acts of the criminal.
Workplace Injuries
It is a common fact that a lot of accidents happen in the workplace and the only person who would be to blame is the employer. Most cases when an employee makes an accident claim will be towards their employer, but some times the claim will be made against a third party who has made faulty machinery or maybe even against an employee from another company that has caused injury. For example if a person was injured in a forklift accident and the vehicle was driven by someone from their own company, then the claim would be made in the usual way. But if the vehicle was driven by an employee from another company, then additional damages could be claimed from that company.
If you ever suffer from any kind off injury similar to the ones described in this article, then you should seek legal help to find out how to make a claim.
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About the Author
This article was written on behalf of Claims For You Accident company who offer no win no fee accident compensation claim and injury claims
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