Personal injury legal matters, which is considered torts in a legal sense, are taken very seriously. Personal injury is a category defined by the injury of a person that occurs as a result of the negligence of wrongdoing of an individual or company. There are two elements that are involved in personal injury law – liability and damages.
It is important to know that this type of tort may be either intentional or unintentional. Let us take a closer look at each of these types.
This is defined as harm that is done to another with the purpose of causing harm to him or her. It does not matter the severity of the person’s injuries, the relationship between them, whether it is a company or individual who is responsible for the action(s), or various other circumstances surrounding the case. This would be considered a legal matter and most likely will lead to the guilty party being subjected to providing compensation and having possible jail time. This often is under the category of criminal law and handled differently than unintentional instances of injury.
Personal injury usually deals with accidental harm caused by a person’s or company’s failure to use reasonable care. Individuals can be held responsible for reckless action or negligence. Reasonable care has a set of standards that are different for each case. This is often determined by the relationship between the individuals, such as a scenario involving a tenant and landlord. Since there is a contract (lease) in place and landlords must follow certain laws in order to have tenants, they have a fair amount of reasonable care.
For instance, they are responsible for maintaining staircases as well as other structural aspects of the building. If a landlord were to be negligent in fixing a staircase that he or she knew was faulty or damaged and a tenant were to fall or otherwise get injured on it, the landlord would be liable in most cases.
Another instance that is not so obvious as to liability due to establishing a reasonable care standard, is if you borrow a friend’s bike to ride to work. If you were to ride the bike improperly and fall off as a result, or tamper with a part before riding it and then experience an injury afterwards, your friend likely will not be liable. First, there is the question of reasonable care, then if the friend knowingly loaned you the bicycle that had a defect. Any time an individual uses something in a manner in which it is not meant to be used, or enters into something recklessly, the evidence towards the other party being responsible decreases and it will be much more difficult to prove any negligence or reckless action on his or her part.
Defenses to Liability
There are a few defenses to liability when it comes to personal injury cases. One is that the injury was not a direct result of the actions or negligence of another person or company (there were intervening causes to what happened). Another is that the person has assumed the risks involved in the activity before taking part in it, which usually comes with a form that must be signed before you use certain equipment or are allowed to take part. Also, if it can be proved that the person had a preexisting condition, the individual or company stand a good chance at avoiding liability.
Proving That Personal Injury Occurred
Not every instance of personal injury is physical. This can make it complicated at times to prove that there has been a tort committed.
The following are just some of the types of personal injury cases that are handled by the lawyers at Gharibian Law.
This is the most common type of personal injury case out there. It can involve two motor vehicles, a motor vehicle and bicycle, or a motor vehicle and pedestrian. Also, there are instances when a car or truck breaks down or has some sort of issue on the road that results in an accident. If it is a new vehicle or even one that is in excellent condition, there may be the issue of it being a manufacturing error. With these situations, it may become necessary to file a claim against the company.
With road accidents that have a clear victim and guilty party, it usually is not all that difficult to win a case. This can be a traumatic time for those who have been injured, or family members who have come forward on behalf of their loved one who has been injured or died. However, this is an opportunity to seek compensation that may be necessary to help out with bills and life in general, as well as to discourage impaired or otherwise irresponsible driving.
This is another type of case that is quite common. Many people are bit by dogs on a daily basis, while walking in their neighborhoods, at a park or even on their own properties. A dog bite can lead to rabies or some other form of infection, in some circumstances. If it is a pet, the owner must prohibit any injuries from occurring by means such as walking their pet on a leash and telling strangers if the dog should not be touched a certain way, or not at all. Also, any dog that is outdoors unattended in the yard should be prevented from being able to leave the yard. Certain regulations and laws are in place in different jurisdictions regarding this matter.
Slip-and-fall accidents can happen anywhere people go. They only become personal injury cases when an individual or company does not do anything to warn people of the fact that there is a risk involved in walking somewhere, such as by placing a “wet floor” sign in a spot that was mopped recently at a store. These accidents can cause a great deal of pain to someone who falls hard, depending on the circumstances. These cases are particularly tricky, with many aspects to them. It is easier when an incident report is filed at the time of the accident, with details of any injuries, the time and date and others included.
A company must exhibit a reasonable care standard when it comes to the products that they manufacture or sell. If they are aware of any defects, they must refrain from distributed or selling the products, as well as issue a recall if the item has already been placed on the market. A large number of people are harmed by defective products every year.
How the Law Handles Personal Injury
Personal injury attorneys, such as the ones at Gharibian Law, are usually quite aggressive when it comes to the interests of their clients. Whether or not the case is won is a significant factor in the person’s life. Some people are left with high medical bills after they become injured as a result of one of the above accidents or something else under the personal injury category.
Here at Gharibian Law, we have a team of dedicated lawyers, assistants and various staff members who take every case seriously. We will do all that we can to build a successful case to help you win compensation for your pain and suffering. If you have been injured due to someone else’s negligence, contact us right away for a consultation to talk about the next step in the legal process. You will quickly find out if we are the right law firm for you. We hope to make you feel at ease and confident about your personal injury case.