Tort law, more commonly known as personal injury law, is in place to permit a person who has been injured through the action, inaction or fault of another, to ensure that the damages they suffer are covered, generally by the offending party. This means that when you’re hurt by someone else, you have a right to get paid for your recovery. Learn the basics of injury laws, including when you should call a personal injury lawyer to represent you after you have been in an accident.
Types of Personal Injury
There is a broad range of the types of accidents and injuries that fall under tort law. The type of injury you suffer has a great deal to do with the kind and amount of compensation to which you are entitled. Some of the varieties of injury cases include:
- Accidents: The most common form of personal injury case, accidents cover everything from auto accidents to slip and fall cases, to construction accidents, injuries on someone else’s property (premises law) and medical malpractice.
- Intentional Acts: When someone, for example, assaults you, they can be held financially responsible for your injuries.
- Product Liability: When you are injured as the result of a defective product or due to the product having improper warnings or labeling, product liability attaches.
- Defamation: When a person tells lies about you in public, private or print, and these lies damage others’ perceptions of you, harming your reputation, you can be entitled to compensation.
The Basics of a Tort Case
Every accident has its own circumstances and character, so there is no hard-and-fast rule for how injury cases proceed. In general, however, most cases undergo the same overall process. The first step in this process, obviously, is for an injury to take place. The injured party approaches the responsible party (the “plaintiff” and “defendant,” respectively) for compensation. Discussions revolve around potential compensation.
If the defendant agrees to pay for the injury, talks end. Otherwise, a case is filed in court, and things proceed from there. At this point there can be further negotiations and depositions, even a full trial in some cases.
When You Should Call a Personal Injury Lawyer
Whenever you are injured in an accident or through the fault of someone else, one of the first steps you should take is to contact a qualified personal injury lawyer. The reason for this is simple—even if you think your case is cut-and-dried, you may find that the other party doesn’t quite feel the same way, and it’s always best to be prepared.
Insurance companies will often try hard to get you to settle for less than your case is worth. The only way to fight these tactics and their army of lawyers is to have an attorney in your own corner. Best of all, you’ve got nothing to lose by talking with a lawyer. Most personal injury attorneys don’t charge a fee for the initial consultation and can give you a clearer picture of whether or not you have a case and how much it’s worth. In addition, the majority of these lawyers don’t charge a fee unless they win your case. That means they are going to work hard to get full compensation for your injury—it’s in their best interests to win as well as yours!
Have you been injured in a situation where someone else bears responsibility? If so, don’t wait, and don’t go it alone. Hire an attorney who will be your best friend and ally in protecting your rights. Read about our personal injury services, and give us a call for a free consult today.
