What are the Basics of Personal Injury Law?
Sometimes referred to as tort law, personal injury law is one of the most well-known legal concentrations around today. As an important area of concern, year over year, we have seen a stark increase in the number of personal injury claims being filed. And while this might point to Americans becoming more negligent, the truth of the matter is that accidents aren’t up as much as you’d think, but individuals are becoming more educated on the subject and better understand their legal rights more so than ever before. According to Mr. Charles Spinner, Esq. considered to be the best personal injury lawyer Sarasota has to offer, personal injury law allows injured individuals to file a civil lawsuit and be compensated as a result of damages they might have incurred as a result of the injury in question. These losses are a direct result of the accident and can be due to a variety of different issues that might have occurred as a result of the accident. Having a fair and well-established personal injury system in the US has allowed many victims of negligence to be fairly compensated monetarily when they suffer as a result of an accident or other incident – whether it was intentional or unintentional. Despite how much more popular personal injury claims have become, there are still a number of individuals who aren’t as educated as they should be on personal injury law. In this article, we will be going over some of the basics of personal injury law.
Common Types of Personal Injury Claims
When it comes to personal injury law or tort law, it covers a wide variety of possible causes. From things like car accidents, slip and falls, and medical malpractice, to amusement park ride injuries, defective products, and much more. According to Mr. Spinner, the best personal injury lawyer Sarasota has in practice, it’s important for individuals to understand the types of claims and what actually qualifies their claim to be a personal injury lawsuit. Here are a few of the most common types of cases.
– Accident Cases – One of the most common forms of a personal injury claim is the ones that result from an accident. Personal injury laws apply in situations when an individual or an entity engages in a negligent manner, and that negligence leads to the harm of another party or individual. Some of the most common types of personal injury accidents include things like car accidents, medical malpractice, slip and falls, and more. In each of these instances, there is a party at fault and one party who is the injured party.
– Intentional Act Cases – In some instances, someone meant to harm the other, and it wasn’t an accident at all. In such a case, the defendant’s intentional conduct causes harm to another person, and they are entitled to seek damages as a result – whether that’s medical bills, lost wages, emotional trauma, and more. A common example of this would be one personal assaulting another.
– Defamatory Speech Cases – These are certainly much harder to prove, but defamation lawsuits are a common form of personal injury claim where one person makes defamatory untrue statements about another, and those statements caused damages to the victim in some way – the victim can file suit for damages.
– Defective Products – When a part in a vehicle is defective, a medical device is faulty, or a child’s toy becomes a choking hazard – these are all examples of a defective product and in the event, they cause an accident, injury, or some types of damages to an individuals or multiple, the makers of said product can be held liable for a lawsuit and may end up paying compensatory damages to the victim.
Settlements are Common
According to Mr. Spinner, considered to be the best injury lawyer Sarasota has in practice, for many claims, it is fairly cut and dry, and it becomes clear that the defendant broke the law in some way and was a clear cause of the other party’s damages. In such an incident, the defendant and the victim may want to come to a settlement agreement, saying each of them the time and money spent on a full legal lawsuit. This would involve making an offer of monetary compensation to the injured person, in exchange for the injured person’s binding promise not to file a lawsuit over the injury. This can often take some time to come to, and must always be negotiated by both sides, but according to Mr. Spinner the best injury lawyer Sarasota has to offer, this is often the best and most preferred outcome for both sides, as they can avoid the hassle and time costs of going to court.
For more information on personal injury lawsuits, be sure to contact Spinner Law Firm today.