Personal injury laws differ in various states because they are determined at state level by panel of judges and members of legislatures of that state who create, amend and modify these laws as required.
Clarke Law personal injury attorneys are highly skilled to help protect your rights especially when you are involved in an accident caused by an individual’s negligent act. Despite their variation, they all have some laws common to all of them. There are three torts that are always regarded in personal injury laws and these are; intentional torts, negligence torts and strict liability
The Three Torts in Personal Injury Laws:
The Intentional Torts: this addresses cases of deliberate actions. The offenders have full knowledge of the aftermaths of their actions while committing the offence. Cases under this category include assault, household physical and mental abuses and workplace bully.
Negligence Torts: this addresses cases of irrationality and irresponsibility and practically has a larger portion in personal injury laws. This law ensures that nobody suffers for another person’s misconduct or irresponsibility and makes up for most personal injury lawsuits. For example, a parent leaves a two years old child alone in the house unattended. If anything happens to that child, he/she would be charged with negligence torts.
Strict Liability Torts: this deals with the enforcement of a liability on a party without finding of fault (negligence or intent). They only need to prove that the incident happened and that the offender was responsible. It is imputed when the situation is considered inherently dangerous. For instance, you own a wild or dangerous animal in your home or zoo and the animal accidentally get out and injure or even kill someone. This was not intentional but since you own the animal, you are responsible for its actions and so liability will be enforced.
Personal injury laws for malpractice:
This is another kind of personal injury laws that defends citizens against medical and professional malpractice. They were introduced to prevent unlawful and wrong actions from medical or other professional practitioners.
There is also a section of personal injury laws that addresses product liability. It allows a consumer of a product to litigate the manufacturer for bad products which causes harm to such consumer. For example if someone experiences health complications after consuming a particular drug and the complications were not indicated as side effects on the drug packaging, the manufacturer could be charged with product liability.
Another section of personal injury laws addresses transportation laws. Automobile, rail way, nautical and aviation accidents fall under this category.
How to Utilize Personal Injury Laws Effectively
To effectively enforce your personal injury laws, you must understand the part of the laws that accommodates your case. Since this might be a difficult task for the lay man, you will require a personal injury attorney in your state to guide and help you.
They usually do not request attorney fees from clients filing compensation claim but deduct their fees from the compensation money after the case is won. You may however be required to pay other fees or courts charges. You should discuss the cost with your lawyer and get the best out of personal injury laws.
Daryl Green