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.
Articles About Personal Injury Law
- Understanding Defamation ... Slander ... LibelEveryone has heard of the terms: defamation, slander and libel. But not all understand the meanings of the words or the elements necessary to bring a successful lawsuit involving those legal concepts.
- Victims of Personal Injury Accidents Are at Risk for these 3 Mental Health IllnessesThe victims of personal injuries often live with many harmful long-term consequences. These individuals may suffer from ongoing health complications or permanent disablement. Many injury victims face challenges performing daily activities, from work to hobbies. Sadly, some victims also develop debilitating mental illnesses or disorders.
- Who is Liable if a Trespasser Gets Injured on My Property?Imagine someone enters onto your property without your permission. Perhaps it is a child playing in the neighborhood, a stranger who does not belong there, or an uninvited acquaintance that has turned up on the property without permission. Now imagine that person is hurt while on your property without permission. Who is responsible? You? Them? A third party?
- Are Bars and Clubs Responsible if Their Customers Get a DUI?People injured in DUI cases often sustain life-changing injuries. Frequently, these injuries mean the victims will require expensive medical attention, either for a short period of time or for the rest of their lives. Of course, individual drunk drivers may not have the resources to fully compensate victims in these situations.
- Closed Head Brain Injury Cases Require an Experienced TBI LawyerPeople who experience brain injuries have to face a lasting impairment. Whether this results from an accident, fall, sports injury, acts of violence, or medical incompetence, the victim may be able to receive compensation for loss of income, medical costs, pain, suffering and other damages.
- Trot Selection and Bicycle AccidentsWith the congestion and traffic in the city of Philadelphia, as well as a growing trend toward “going green,” more and more people are turning to bicycles as their preferred method of transportation throughout the city.
- Use of Zofran During Pregnancy Linked to Heart Defects and Other Birth DefectsThe FDA has warned that women who use Zofran during pregnancy could be more likely to give birth to a child with heart defects or other birth defects. Families whose children were born with birth defects linked to Zofran have already filed lawsuits against the drug's manufacturer in two states.
- How Is My Automotive Insurance Claim Affected If I Was Partially at Fault?The individual who is found to be at fault for the car accident is the party who is ultimately responsible for paying for the damage that was caused by this individual’s negligence. However, when fault is not clear or two or more parties were at fault, fault may be apportioned between the negligent parties. A further analysis under the comparative or contributory negligence laws under the state is also necessary.
- Trip and Fall Accidents on New York City SidewalksIf you have been injured on a sidewalk in New York City, there are many factors to consider when considering who is at fault and whom the claim needs to be brought against.
- Injured While on a Bus, Who Is at Fault?Buses are generally thought of as fairly safe forms of transportation. Otherwise millions of school children would not ride buses to school everyday, millions more commuters would not use them to get to and from work, and others would not use them to take cross-country trips or go on tours. They also tend to be in fewer accidents than cars and motorcycles.
- 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.
Personal Injury 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 - Definition
Tort refers to that body of the law which will allow an injured person to obtain compensation from the person who caused the injury.
- 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.