Personal Injury Law
Guide to Tort Law
What is Personal Injury Law?
Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct. In fact, the word “tort” comes from a Latin term meaning twist, wrong, or harm. In contrast to criminal law, a tort action does not involve the government prosecuting the wrongdoer. Rather, these cases involve a private plaintiff seeking compensation (usually money) for the harm caused by the defendant’s actions.
Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt. The doctrine recognizes that some accidents are unavoidable. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances.
Examples of negligence include car accidents caused by drunk drivers, medical complications resulting from a physician’s carelessness, and dog bites that occur when vicious animals are permitted to roam free. In each instance, the responsible party ignored the risk posed to others, and as a result, the plaintiff was injured.
Once negligence has been established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant’s actions. Certain types of damages are easy to calculate, such as property damage and medical bills. For other types, such as emotional distress and loss of earning capacity, expert testimony may be required. Punitive damages, meant to punish and deter particularly egregious conduct, may also be available.
When initiating a tort action, identifying the proper defendants can be difficult. This is because the “tortfeasor” who directly harmed the plaintiff – be it a delivery driver, nurse, grocery store clerk, or other individual – may not have the financial resources to pay a large judgment. An experienced injury attorney can identify and sue additional parties who are liable based on their relationship to the tortfeasor, such as a landlord or employer.
Common Torts and Defenses
Personal injury law encompasses a number of causes of action besides negligence. Many of these fall under the umbrella of intentional torts. As the name suggests, in these situations the defendant acts purposefully to harm the plaintiff. Examples include assault, battery, false imprisonment, trespass, theft, and infliction of emotional distress.
On the opposite end of the tort spectrum, there are scenarios in which defendants will be liable even though they did everything possible to avoid causing the harm. This is referred to as strict liability. The law will hold a defendant strictly liable if someone is hurt while the defendant is engaging in a highly dangerous activity, even if the activity is legal and all precautions are taken. Building demolition and transporting hazardous materials fall into this category.
Another common tort involves injuries caused by defective products. Liability in these cases can be imposed based on a theory that the manufacturer acted negligently by designing and selling an unsafe product. Or, if certain elements are met, plaintiffs hurt by a defective product may be able to sue under a strict liability theory. Either way, product liability cases have the potential to become large class action lawsuits, involving many plaintiffs and enormous money judgments.
To defend against personal injury liability, defendants tend to rely on a few common defense theories. In negligence cases, the defendant may argue that the plaintiff did not use due care, and is partially or wholly responsible for his or her own injury. The defendant may also claim that the plaintiff “assumed the risk” by voluntarily participating in a dangerous sport or activity, or that the plaintiff impliedly gave the defendant permission to take the action that ended up harming the plaintiff.
Plaintiffs who want to avoid losing a tort case based on such arguments should hire legal counsel. Retaining an attorney will also help avoid the unfortunate circumstance of violating a statute of limitations (that is, missing the deadline for filing the lawsuit), which is always a concern in personal injury cases.
Know your Rights!
- 10 Important Questions for Your Personal Injury Attorney
Accidents rarely come with any forewarning, leaving most victims unprepared and unsure of how to proceed. When you or someone you know is injured, you will have a lot of uncertainty and need to make a lot of decisions very quickly. You should always seek immediate medical attention for any injuries and also seek the assistance of qualified, experienced legal representation. But, how do you know who the best attorney is for your case?
- How Are Damages Established in a Tort Claim?
The goal of damages in tort actions is to make the injured person “whole” through the award of money to compensate for injuries caused by the accident or incident.
- I Was Given Bad Advice About Fitness or Nutrition, What Can I Do?
I recently spoke to a friend, who is a personal trainer, about diet and exercise. Her advice, while well-intentioned, was wildly off-base from a scientific standpoint. This got me to wondering, what if I had taken her advice to heart and suffered a loss? Would the consequences of choices I made about diet and exercise be mine alone or would she have some liability for her inaccurate assertions?
- Injured at the Beauty Salon, What Should I Do?
Everyday, millions of women have various services performed at beauty salons. Hair cuts, dying, threading, manicures and pedicures, massages, and a host of other services are now available. While one rarely thinks about it, though, beauty salons are actually very dangerous environments. So what should you do if you are injured at the beauty salon?
- Sports Injury Laws
But what happens if an injury occurs as a result of a deliberate hit or someone acts so recklessly that injury is almost certain to occur?
- What is Negligence?
One can only bring a lawsuit for negligence if they can establish all four of the required elements. If any one of the elements is missing, then there is no negligence from a legal standpoint, and a lawsuit cannot be sustained.
- What is the Economic Loss Doctrine and How Does it Apply to My Case?
If you have been involved in a product liability dispute (or some other types of cases), your attorney may have mentioned that your claim is subject to the “economic loss doctrine” or the “economic loss rule.” That could leave you asking what that is and when it applies.
- What to do After a Bike Accident
First, the rider must try to keep his or her cool. What you do in the immediate aftermath of any accident, including a bike accident, may have a big impact on how much you recover for your injuries and damage to your bike. It may also affect the outcome of any lawsuits resulting from the accident.
- What to Do after a Personal Injury
The moments following an accident or other injury are confusing and overwhelming. You may not know what to do or where to turn if you or a loved one has been injured due to someone's negligence or wrongdoing.
Personal Injury Case Handbook
- Personal Injury Case Handbook
Do you have a Personal Injury Case? This information will help you understand your legal issue and what to do.
Articles About Personal Injury Law
- Texting While DrivingAs the number of people texting has steadily increased, so have the number of cases involving motor vehicle accidents caused by texting while driving. The use of cell phones while driving leads to many avoidable accidents every year.
- Road Rage and Legal ConsequencesDrivers have become more aggressive on roads and in traffic for several years. This phenomenon has become one of the top issues that often leads to vehicle accidents. Outbursts of violent behavior have become commonplace in traffic jams and in rush hour.
- Pain Medication Errors and Medical MalpracticeMedication often affects individuals differently based on body chemistry and many different factors. It sometimes requires some tweaking and testing to determine which pills work the best for the patient. To discover the right medication for the person, careful attention to the entire process is required by the healthcare professional.
- Late Night Automotive AccidentsCollisions occur at night more so than during the day for various reasons. The lack of light affects many drivers adversely, but the bright lights of other vehicles may also be a contributing factor to the extensive numbers of accidents in the dark.
- Workplace Injury Claims through Civil LawsuitsCan an injured worker pursue a claim for pain and suffering through a civil lawsuit alleging negligence; or is the injured worker limited to just a claim for workers’ compensation benefits?
- Jaguar Land Rover Adds More than 50,000 to Takata Airbag RecallPreviously unaffected by the Takata Airbag recall, Jaguar Land Rover has announced that thousands of SUVs and Sedans will be recalled.
- How a Recall Affects a Product Liability ClaimThese days, it is almost impossible turn on the television or go online without seeing news about another product safety recall. The number of safety recalls involving unsafe toys, contaminated food products, auto defects, and dangerous drugs have surged in recent years – with no end in site.
- New Auto Defect Whistleblower Proposal Receives Early SupportThere is a new piece of federal legislation being proposed that would give financial incentives to whistleblowers who expose safety defects in autos. The legislation is in response to the recent wave of auto defects, some of which were concealed by automakers for up to ten years. It would allow any whistleblower to share in the penalty payments that an auto company may be forced to make as a result of failing to disclose a known defect.
- How? When? What? Handling Medical Expenses after a Car AccidentA major concern for personal injury victims is the medical bills that are inevitably incurred after being injured in a car accident.
- Domestic Violence against MenWhen people think of domestic violence, they often visualize the image of a distressed woman who has been mistreated by her boyfriend or husband. However, women are far from the only victims of domestic violence.
- All Tort and Personal Injury Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Tort and Personal Injury including: animal bites, asbestos mesothelioma, back and neck injury, bicycle accident, birth injury, brain injury, burn injuries, catastrophic injuries, construction accidents, construction injuries, defamation, libel and slander, defective products, industrial injuries, mass tort, negligence, nursing home abuse, pedestrian accident, personal injury, premises liability, product liability, sexual abuse, slip and fall, spinal cord injury, torts, toxic mold, toxic torts, workplace injuries and wrongful death.
Statute of Limitations by State
Alabama - Section 6-2-38
- Alaska - Sec. 9.10.070
- Arizona - Title 12, Article 3
- Arkansas - Sec. 16-56-104
- California - Sec. 335.1
- Colorado - Rev. Stat. Secs. 13-80-102
- Connecticut - Ch. 926 Sec. 52-584
- Delaware- Title 10, Ch. 81
- District of Columbia - Title 12, Ch. 3
- Georgia - Sec. 9-3-20
- Hawaii - Rev. Stat. Secs. 657-7
- Idaho- Title 5, Ch. 2, Sec. 5-219
- Illinois - 735 ILCS 5/13-201, 13-202, 13-212
- Indiana - Title 34, Art. 11, Ch. 2, Sec. 34-11-2-3, 34-11-2-4
- Iowa - Chapter 614, Section 614.1
- Kansas - Chapter 60, Art 5, Sec. 60-513
- Kentucky - Title 36, Chapter 413, Sec. 413.140
- Louisiana - Ci. Code. Art. 3492
- Maine - Title 14, Part 2, Ch. 205
- Maryland - Sec. 5-101
- Massachusetts - Title 5, Ch. 260, Secs. 2A and 4
- Michigan - Chapter 600, Act 236, Ch. 58
- Minnesota - Ch. 541, Sec 541.05, 541.07
- Mississippi - Title 15, Ch. 1, Secs. 15-1-36, 15-1-35, 15-1-49
- Missouri - Title 35, Ch. 516, Secs. 516.105, 516.120, 516.140
- Montana - Title 27, Ch. 2, 27-2-204 and 27-2-207
- Nebraska - Title 25, Section 207, 25-207
- Nevada - Chapter 11, Sec 11.190
- New Hampshire - Title LII, Chapter 508, Sec. 508.4
- New Jersey - Title 2A, Ch. 14, Sec. 2A:14-2, 14-3
- New Mexico - Ch. 37, Art. 1, Sec. 37-1-8
- New York - Art. 2, Secs. 214, 214.s, 215
- North Carolina - Title 1, Section 1-52, 1-54
- North Dakota - Title 28, Ch. 1, Secs. 28-01-16 and 28-01-18
- Ohio - Title 23, Ch. 5, Sec. 2305.10
- Oklahoma - Title 12, Ch. 3, Sec. 95
- Oregon - Ch. 12, Secs. 12.110, 12.115, 12.120
- Pennsylvania - 42 PA Con. Stat. Sections 5523, 5524
- Rhode Island - Title 9, Ch. 1, Sec. 9-1-14
- South Carolina - Title 15, Ch. 3, Secs. 15-3-530, 15-3-545, 15-3-550
- South Dakota - Title 15, Ch. 2, Secs. 15-2-14, 15-2-14.1, 15-2-15
- Tennessee - Title 28, Ch. 3, Secs. 28-3-103, 28-3-104
- Texas - Civ. Prac. & Rem Code, Title 2, Ch. 16, Secs. 16.002, 16.003
- Utah - Title 78B, Chapter 02
- Vermont - Title 12, Ch. 23, Secs. 512, 521
- Virginia - Title 8.01, Ch. 4, Secs. 8.01-243, 8.01-247.1
- Washington - Title 4, Ch. 16, Secs. 4.16.080, 4.16.100
- West Virginia - Chapter 55, Sec. 55-2-12
- Wisconsin - Chapter 893, Secs. 893.54, 893.55, 893.57
- Wyoming - Title 1, Ch. 3, Sec. 1-3-105
Personal Injury Law - US
- ABA - Personal Injury
The American Bar Association’s personal injury web page contains information about pursuing a claim, as well as general discussions of negligence, medical malpractice, and products liability law.
- ABA - Tort Trial and Insurance Practice Section (TIPS)
TIPS brings together legal professionals from all sides of tort law, including plaintiffs’ attorneys, defense lawyers, and insurance representatives. While aimed at practitioners, the site contains news and events of interest to the public.
- Federal Tort Claims Act (FTCA)
The U.S. House of Representatives provides this online summary of the FTCA. Those looking to sue an employee of the federal government will find this to be a useful starting point for further research.
- Personal Injury - Wikipedia
This web page offers an encyclopedia-style description of personal injury law in the U.S. and abroad. The discussion includes information about insurance coverage and the taxation of damage awards.
- Theories of Tort Law
Stanford University has compiled this outline of tort law theories and practices. A significant portion of the discussion deals with the economic aspects of the subject. An extensive biography is provided.
- Tort Law - Overview
Cornell University Law School maintains a series of web pages known as the Legal Information Institute (LII). The tort law page offers a thorough overview, with in-text links to related topics.
- USDOJ - Torts Branch
This page explains the role of the U.S. Department of Justice in tort legislation involving the federal government and its officers. The page also provides access to an expandable flow chart of the entire USDOJ civil division.