Personal Injury Law Basics
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Personal Injury Law Basics
Posted by admin On December 10, 2009 11:42 PM If any personal injury to your body and mind is caused due to negligence of an individual, you can claim for compensation under personal injury law . The individuals or an organisation or any entity governed or owned by human agency rendering the injury is liable to prosecution. It is because legalese attached with personal injury law needs some explanation for the uninitiated. Often people do not realize that a personal injury which seems to have been caused by obvious and natural causes may well have sprung from a crass negligence of someone. For example, Asbestos Mesothelioma can be contracted while breathing in an environment heavily saturated with asbestos fibres. But this is not a natural scenario. Natural air is not contaminated by asbestos. Unless asbestos is not safely disposed of during construction there is no reason why the air would be full of it. This means the builder involved is liable for prosecution and can be sued for compensation under personal injury law.
Apart from negligence, personal injury can also be caused by medical malpractice and defective products etc. Some examples of this are- animal bites, accidents including slip and fall, back and neck injury, pedestrian accidents, industrial injuries, and toxic moulds to name but a few. But first let us understand some of the terms related to personal injury law. Tort- Tort is a wrong or personal injury committed by someone who owes a legal duty to others. A violation of duty by an individual towards others is recognised by personal injury law, and amounts to a tort. Compensation for a tort may be ordered by the courts if violation of a duty is proved. And the plaintiff sustains the damage on account of this violation, as stated by the personal injury law. Strict liability- Many products and actions fall under the strict liability doctrine. A company having products that qualify for strict liability will be responsible for any damage or harm caused due to that product or action irrespective of the degree of the fault. Negligence- This term may sound very simple but needs quite a good deal of explanation in terms of rules defined by personal injury law. Negligence is not a physical quantity and as such cannot be measured by physical means. It therefore rests with the jury assisted by a body of evidence to decide what amounts to negligence and to what extent. Legally speaking negligence means failure to do what an average reasonable person would have done in a similar situation. You can carelessly throw the peel of a banana on the pavement on which a pedestrian slips and sustains injuries. As stated by personal injury law, this is negligence because no ordinary reasonable person would throw it on a pavement. This however is a trivial and hypothetical situation and negligence in many complex cases are hard to prove. Proximate cause- This is the last action of a series of events that lead to the catastrophe. For example you sent a baseball flying off your garden and the ball hits a carelessly parked bicycle which topples and injures a child sitting by. In this case, the proximate cause of the personal injury was the falling of the bicycle and not your careless swing of the bat. There is much more to personal injury law than can be accommodated in a short article. The reader may refer to standard material on personal injury law for a detailed description.
Disclaimer: This entry / entries are for sole purpose of entertainment . It is not meant to give any sort of advice / advise . We makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. Please use at your own risk . Some of the links mentioned within this post or posts may lead to our own sites and or affiliate links . In such case we will get compensated for recommending those products. However, we will never recommend something that we don`t personally believe in and we welcome your questions and feedback. http://blog.royaltyuniverse.com/personal-injury-law-basics/
Posted by admin On December 10, 2009 11:42 PM If any personal injury to your body and mind is caused due to negligence of an individual, you can claim for compensation under personal injury law . The individuals or an organisation or any entity governed or owned by human agency rendering the injury is liable to prosecution. It is because legalese attached with personal injury law needs some explanation for the uninitiated. Often people do not realize that a personal injury which seems to have been caused by obvious and natural causes may well have sprung from a crass negligence of someone. For example, Asbestos Mesothelioma can be contracted while breathing in an environment heavily saturated with asbestos fibres. But this is not a natural scenario. Natural air is not contaminated by asbestos. Unless asbestos is not safely disposed of during construction there is no reason why the air would be full of it. This means the builder involved is liable for prosecution and can be sued for compensation under personal injury law.
Apart from negligence, personal injury can also be caused by medical malpractice and defective products etc. Some examples of this are- animal bites, accidents including slip and fall, back and neck injury, pedestrian accidents, industrial injuries, and toxic moulds to name but a few. But first let us understand some of the terms related to personal injury law. Tort- Tort is a wrong or personal injury committed by someone who owes a legal duty to others. A violation of duty by an individual towards others is recognised by personal injury law, and amounts to a tort. Compensation for a tort may be ordered by the courts if violation of a duty is proved. And the plaintiff sustains the damage on account of this violation, as stated by the personal injury law. Strict liability- Many products and actions fall under the strict liability doctrine. A company having products that qualify for strict liability will be responsible for any damage or harm caused due to that product or action irrespective of the degree of the fault. Negligence- This term may sound very simple but needs quite a good deal of explanation in terms of rules defined by personal injury law. Negligence is not a physical quantity and as such cannot be measured by physical means. It therefore rests with the jury assisted by a body of evidence to decide what amounts to negligence and to what extent. Legally speaking negligence means failure to do what an average reasonable person would have done in a similar situation. You can carelessly throw the peel of a banana on the pavement on which a pedestrian slips and sustains injuries. As stated by personal injury law, this is negligence because no ordinary reasonable person would throw it on a pavement. This however is a trivial and hypothetical situation and negligence in many complex cases are hard to prove. Proximate cause- This is the last action of a series of events that lead to the catastrophe. For example you sent a baseball flying off your garden and the ball hits a carelessly parked bicycle which topples and injures a child sitting by. In this case, the proximate cause of the personal injury was the falling of the bicycle and not your careless swing of the bat. There is much more to personal injury law than can be accommodated in a short article. The reader may refer to standard material on personal injury law for a detailed description.
Disclaimer: This entry / entries are for sole purpose of entertainment . It is not meant to give any sort of advice / advise . We makes no representations as to accuracy, completeness, correctness, suitability, or validity of any information on this site and will not be liable for any errors, omissions, or delays in this information or any losses, injuries, or damages arising from its display or use. All information is provided on an as-is basis. Please use at your own risk . Some of the links mentioned within this post or posts may lead to our own sites and or affiliate links . In such case we will get compensated for recommending those products. However, we will never recommend something that we don`t personally believe in and we welcome your questions and feedback. http://blog.royaltyuniverse.com/personal-injury-law-basics/
