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Brief Overview Of Personal Injury Law
Personal injury law covers a broad spectrum of issues when one has been physically or emotionally injured and/or personal property has been damaged. In legal circles, personal injury law is also known as "tort" law, tort being the French word for "wrong." Personal injury or tort law is the body of law that allows one to be compensated in the event that someone's carelessness, recklessness or intentional misconduct injures or damages you or your personal belongings. Automobile accidents are classic examples of the types events covered by tort law. If someone hits the back of your car while you are stopped at a red light, that person commits a tort and is considered a "tortfeasor," the French word for "wrongdoer." In America, the person harmed is called a "plaintiff" or "claimant" once they file a lawsuit, and the person accused of causing that harm is generally referred to as the "defendant." State law usually governs personal injury lawsuits, but federal law may apply in certain circumstances. For example, the Federal Tort Claims Act may govern litigation arising from an injury suffered on federal property and international treaties may dictate the determination of liability for injuries suffered in an airplane crash. A personal injury claim must allege an injury that can be compensated. In other words, the plaintiff must establish that they were injured in order to collect monetary damages. For example, if you were to slip and fall due to someone else's fault or negligence, you could not recover damages if you were not injured in some way.
Personal injury law dictates who may be responsible, or liable, for causing an injury. Legal principles also determine how much the responsible party or parties should be required to pay for any damages resulting from their negligence. Personal injury law can be classified in the following three broad categories, or degrees of fault: negligence, intentional torts and strict liability torts. Each category is comprised of different types of legal wrongs, or "causes of action," and applies a different "standard of care" to a given incident.
In all matters involving personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations. If you or a loved one is a victim of personal injuries, call The Law Office of Stephen R. Fine at (603) 668-2343 or Toll Free: 1-888-653-5020 or CLICK HERE TO SUBMIT A FREE CASE REVIEW FORM.