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Personal Injury Lawyer Explains Tort Law by Abraham Avotina





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Personal Injury Lawyer Explains Tort Law by
Article Posted: 07/07/2015
Article Views: 119
Articles Written: 1298
Word Count: 514
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Personal Injury Lawyer Explains Tort Law


 
Law
With the exception of contract disputes, every lawsuit that ends up in civil court falls under tort law. By definition, a tort is a wrongful act that results in legal liability. Whether committed intentionally or out of negligence, the accused may be held financially responsible for all damages suffered by the victim. But, in order to establish responsibility, the plaintiff must prove that the defendant is liable. Here is how a personal injury lawyer might help him do that.

Select A Category

Tort law can be divided into three separate categories: intentional torts, negligent torts, and strict liability. Although there are many different situations and scenarios that might lead you to contact a personal injury lawyer, all of them fall into one of the aforementioned groups. Let us take a moment to discuss them individually.

Negligence

When a person fails to exercise a certain level of care and hurts another individual because of it, he may be deemed negligent. An everyday example of this type of tort is a car accident in which someone is injured. Because one driver is usually at fault for the accident, he may also be negligent. In most cases, however, it is not enough to simply establish blame. The plaintiff must also prove that the accident could have been avoided if the defendant had done the right thing. If, for example, the defendant ran a red light and crashed into the plaintiff's car, he would almost certainly be deemed negligent because he violated traffic laws. Medical malpractice, dog bites, and slip-and-falls are other common cases that often fall into the negligence category.

Intentional

Although they are often also crimes, it may be possible to sue a person over an intentional tort. Examples of this willful kind of misconduct include fraud, theft, and assault. How can you sue a criminal? Let's say, for example, that someone punches you in the face at a party and breaks your nose. Even if the criminal serves time in jail, you can sue him in civil court for your medical costs, lost wages, pain, and suffering. The fact that he was found guilty of the crime will only strengthen your case. Libel and slander may also fall into this category.

Strict Liability

Unlike intentional or negligence torts, the strict liability category is not concerned with the defendant's level of care. Instead, it focuses solely on the act itself. A good example of a strict liability case would be a class action lawsuit against a car maker for a faulty airbag, i.e., a defective product. In this instance, the personal injury lawyer for the plaintiffs would not concern himself with culpability or blame. Rather, he would simply introduce evidence to establish that his clients suffered physical and/or emotional injuries because of the defective product. In other words, the act would speak for itself.

If you have suffered harm for any of the aforementioned reasons, a personal injury lawyer can help you get the money you deserve.

To learn more about their options for a personal injury lawyer, Baton Rouge residents should visit http://www.murraylaw.net/personal-injury-lawyer.html.

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