Behind The Scenes Of A Personal Injury Case. Personal Injury Terminology

Personal injury is a legal term meaning bodily injury or emotional distress which is caused by a type of tort or by the negligence of another. Negligence is defined as conduct that falls below the standards if behavior established by law for the protection of others against unreasonable risk of harm.

4Torts are determined as civil wrongs that cause a person to suffer harm or loss. Generally torts fall into three categories:

  1. Intentional torts can result from intentional acts such as battery, assault, intentional infliction of emotional stress and others.
  2. Negligent torts also called “prudent man rule” result from failure to behave with the level of care to someone whom he or she owes a duty to (i.e. failing to obey traffic rules)
  3. Strict Liability torts are caused by virtue of a wrongful act, without any accompanying intent or mental state.

Continue reading

When do You Have a Good Personal Injury Case?

Daily a lot of people get in different types of accidents where personal injury takes place. If you are involved in an accident, there are a couple of things that make any personal injury case a good one. How do you know it? Let’s find out!

personal

If your injury is a result of someone else’s negligence, this is already a big benefit to your case. This means that the other party is more at fault than you. The concept of negligence means any conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm.

negl

Continue reading

What Should You Do After Being Involved In An Accident

Car accidents are very stressful for each driver because they are unexpected and unpredictable. Even the best and the most careful driver may be involved in an auto accident.

ccc

According to Association for Safe International Road Travel (ASIRT) 2.35 million of people get injured or disabled in road crash accidents in U.S. Road crashes cost $230.6 million per year.

If you got into an auto accident you should first collect evidence as to who caused the accident and what are the damages of it. The best solution for you could be taking pictures of the damages, because that would be an incontestable evidence.

Continue reading

Justice: Can you be sued and “not guilty” at the same time?

Criminalvideo (4)

How can a civil court force someone to pay a settlement when another court has already said they are not guilty? Guilty – But Not Guilty? It’s true that a person can win a criminal action, but then go on to lose the civil action. It’s because the two actions are brought by different parties and subject to different standards of proof.

The Difference Between Criminal Guilt and Civil Liability

The law distinguishes between criminal guilt and civil liability. In 1995, Simpson was found not guilty of murdering Nicole Simpson and Ron Goldman, but then two years later was found liable to Goldman’s parents for causing Ron’s “wrongful death.”

The explanation is that a “Murder” is a crime, whereas “wrongful death” is a civil wrong, otherwise known as a “tort.” Generally speaking, crimes are established so that society can punish (and, one hopes, deter) morally culpable behavior. Torts, on the other hand, are created to provide compensation to the injured.

not-guilty-graphic-33377572The Difference Between Torts and Crimes

It just so happens that many acts – like killing somebody – are both crimes and torts. But this is not always the case. For example, a failed attempt to commit a murder constitutes a crime (attempted murder), but if the intended victim is not harmed by the attempt, there’s no tort – because there’s nothing to compensate. Conversely, there are plenty of torts that aren’t crimes. Defamation, for example, is the publication of words that damage a person’s reputation. You can be sued for it, but in most jurisdictions there is no corresponding crime.

Continue reading