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Personal injury law, or sometimes referred to as tort law, covers cases where a person is hurt or injured, as a result of someone else’s negligence. This is a form of civil law, which means one private party is suing another, unlike criminal law where the government prosecutes someone. In these suits the injury may not have even been caused by a crime, just simple carelessness.

Lawsuits can help the injured person collect damages, which can help cover medical bills or lost wages from the injury. More often than not in the realm of personal injury law, cases are settled before the trial phase of the legal proceeding. Instead of trial, the two parties and their lawyers discuss the issue and agree on a settlement. If the case does go to trial it may be heard by a judge and a jury, or a judge alone.  In this case they are responsible for determining the extent to which each party is liable and calculating a fair amount of damages for the incident.

In this article, we'll:

  • cover the basics of personal injury law
  • discuss where personal injury law comes from, and
  • explain how a typical personal injury case works.

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The Basics of Personal Injury

Accidents

Personal injury rules apply in situations where someone acts in a negligent manner, and that carelessness causes harm to another person. Examples include car accidents, slip and fall incidents, and medical malpractice, among other types of cases. Learn more about negligence in personal injury cases.

Intentional Acts

Personal injury laws apply in situations where a defendant's intentional conduct causes harm to another person. Examples of this include assault and battery, and other intentional torts.

Defective Products

When a vehicle component, consumer product, medical device, pharmaceutical, or other product is defective or unreasonably dangerous, anyone harmed by use of the product might be able to file a product liability lawsuit against the manufacturer.

Defamation

Personal injury laws apply when one person's defamatory statement causes harm to another.

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