YOU ASK:

What does the personal injury law provide?

WE ANSWER:

Under the personal injury law, also referred to as "the law of negligence", an individual who has sustained any form of physical or emotional injury, either as a result of somebody's negligence or because of an intentional act, is eligible to receive compensation for their pain and suffering if certain requirements are fulfilled.

Elements of the Personal Injury Law

When an individual is legally found guilty for causing personal injury to a third party, they are said to have committed a "tort" defined as an unintentional wrongdoing which has violated the interest of another person. Every person is by law assumed to owe other people a certain standard of care, and the breach of that legal duty results in the emergence of liability.

There are four basic elements that need to be present for one to file a personal injury claim:

  1. The defendant, also called tortfeasor, needs to have a legal duty of care for the safety of others, imposed by law. This legal duty of care is determined by the behavior of a reasonably prudent individual and it varies from situation to situation, as is the case with owners of property who owe different degrees of care to trespassers, licensees and invitees.
  2. A personal injury claimant must furnish evidence that the tortfeasor has breached the duty of care which they owe other people by law.
  3. Evidence of any personal injury sustained by the claimant must be provided.
  4. For the plaintiff to be awarded personal injury compensation damages, a direct cause link must be established between the negligent act of the defendant and the injuries sustained by the plaintiff.

Common Personal Injuries

The following are considered personal injuries that people can sue for damages for:

  • Wrongful death;
  • Animal bites;
  • Back and neck injuries;
  • Slip and fall;
  • Birth injury;
  • Defamation;
  • Libel and Slander;
  •  Asbestos Mesothelioma;
  • Brain injury;
  • Construction accident injuries;
  • Defective product injuries;
  • Premises liability;
  • Workplace injuries;
  • Sexual abuse;
  • Toxic Mold;
  • Spinal Cord Injury, etc.
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