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
- Xarelto Lawsuit Alleges Pharma Companies Rigged Clinical TrialsThe Xarelto clinical trial results were compared to a Warfarin study that was mishandled in Eastern Europe.
- Even a Mild Traumatic Brain Injury (TBI) Can Affect You for MonthsMany mild TBIs are classified as “concussions,” a fact which causes victims and their families to believe that it is not a serious matter. In reality, concussions and other forms of mild TBIs have the potential to cause serious symptoms months after the injury initially took place.
- Johnson & Johnson Hit with Talcum Powder Lawsuit in ConnecticutA wrongful death lawsuit was brought against Johnson & Johnson by the family of a woman who died of cancer.
- Do You Suspect Medical Malpractice? Here's Where You Should StartSometimes when seeking medical treatment, patients experience negative medical outcomes which healthcare providers simply cannot control. But on the other hand, there are times when they suffer from mistakes that can be attributed to medical malpractice. How can you tell if the latter has happened to you or a loved one? That question can be better explained once you know exactly what medical malpractice is.
- When Can I Sue My Dentist for Dental Malpractice?Starting a claim of dental malpractice usually requires the services of a lawyer who understands these matters and has verified there is strength in the evidence to proceed to the next stage. Negligence, breaches of duty or intentional harm to the patient are generally parts of these cases, and the legal representative will look over the details thoroughly.
- Am I Liable When My Uber Passenger Causes an Accident While I’m Driving for the Company?Working for Uber may lead to certain situations where an accident occurs during or after work hours for the driver. However, it is important to contact Uber immediately when these situations arise to ensure the consequences remove the employee behind the wheel from liability and damages to others in these incidents.
- Forensic Pediatric Expert Witness in Child Product Liability CasesChild cases where injury occurs due to the product purchased may incur the need for an expert who is able to dissect the specifics as well as provide care to the youth that sustained harm. In these matters, the company may be liable for damages based on negligence, defects or other problematic issues that lead to the physical injury of a child.
- Who Is at Fault for an Injury? An Introduction to LiabilityYou might think it’s pretty simple. Car A went through an intersection, against the red light and hit Car B, injuring its driver, so Car A’s driver is at fault. Right? It’s not always as simple as it sounds. In a personal injury case there may be any number of causes and multiple parties who may be at fault for causing an injury.
- How Do I Know if I Need a Lawyer?There are times in your life when you may be faced with legal issues. If you are injured due to no fault of your own, you may need legal representation to help you navigate the system. This article lists some of these situations that may require you to hire help.
- Expert Witness Establishes a Link Between Conduct and Injury in Negligence CasesNegligence cases often involve some form of negative conduct on behalf of a professional that may lead to the injury, and this then progresses through the courts for compensation. When the claim becomes complicated or confusing, the expert steps in to unravel the problem and explain certain elements and aspects for better clarification.
- 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.