Personal injury law has its foundation in tort. It allows an injured plaintiff to file a civil lawsuit in court against the person who harmed them. A successful claim would result in the court awarding the plaintiff damages. The latter is a financial compensation aimed at reducing the weight of the aggrieved party’s loss.
As personal injury lawyers, we’ve helped several clients get the maximum compensation following an injury. In this article, we’ll explain the basics of the law we rely on to achieve this amid other significant factors.
Where Does Personal Injury Law Apply?
Personal injury law applies in different scenarios, and below, we’ve listed some of them:
Personal injury law often applies in accidents resulting from the negligent acts of another person. The negligence must have harmed the victim for this law to apply. Common examples are motor vehicle accidents, slip and fall accidents, and medical malpractice. Those who suffer workplace injuries or construction site accidents can also apply a personal injury law.
Unlike negligence acts that lack mental elements, intentional actions do not. It means that the event that led to the injury was not an incident but planned out by the defendant. Examples of intentional acts are assault and battery and intentional infliction of emotional distress. Defamation, trespassing, and fraud are also examples of intentional torts.
A defective product can be a vehicle component, consumer product, medical devices, or pharmaceutical product. Once a product is dangerous and causes harm to a person, they can file a product liability lawsuit. The latter is the same as filing a personal injury action.
The claim would be against the manufacturer of the product. Most actions of its nature come as mass tort lawsuits involving several plaintiffs. If the plaintiffs succeed, they will share the judgment sum among themselves.
Personal injury laws also apply in a defamation lawsuit. Defamation is harm caused by the defendant against a plaintiff’s character. It happens when the defendant makes an untrue statement, which affects the plaintiff’s life.
Who Makes Personal Injury Laws?
Personal injury laws are rooted in old common law rules. Common law refers to the ruling of judges, distinct from laws made by legislative bodies. It is founded on the principle that where “Where there is a wrong, there must be a remedy.”
When a judge sits and hears a case, their decision becomes precedent for other cases with similar facts. If it’s a lower court, it will apply to other courts at the same level. If the decision is from a higher court, then courts at that level and lower courts would follow the ruling.
All these binding precedents make up the body of “Common law.” However, in today’s law, personal injury laws have evolved beyond the common law. While it still derives a lot of its principles from precedents, legislative houses have added to them. A good example is the Florida workers’ compensation law.
If employers fail to compensate an injured worker, the employee can file a personal injury lawsuit. Another example of personal injury law is the Statute of Limitations. It ensures that personal injury claims are brought on time, and the window to seek redress does not stay open infinitely. In Florida, you have four years to file a personal injury lawsuit.
How Does a Personal Injury Case Work?
The one thing to keep in mind is that no two accidents are the same. In the same vein, personal injury lawsuits will not always follow the same path. The vital determining factor is the facts of each case. However, there are some factors that every personal injury claim must have.
Firstly, the defendant must have harmed the plaintiff either by a negligent act or intentionally. The only exception to this is contractual breaches which come under contract law. Secondly, the defendant must have breached a legal duty owed to the plaintiff.
An example of a legal duty is a driver’s duty to obey traffic rules and drive carefully while in transit. Thirdly, after establishing the first two, both parties will have a settlement talk to reach a favorable agreement. If they are unable to agree, they move to the fourth stage, a personal injury lawsuit.
After the trial, the court will award a judgment sum which both parties must abide by. Anyone dissatisfied with the ruling can appeal the decision to a higher court. The latter can either uphold the lower court’s decision or make a new decision.
Miami Lawyers 360 Can Handle Your Personal Injury Claim!
If you’ve had your rights breached and suffered an injury, our personal injury lawyers can help you. Contact us today at Miami Lawyers 360 to get started.