Do You Know What Personal Injury Is?
Personal Injury is a term which is used in the legal sense for an injury to the:
Personal Injury is a type of tort or civil wrong where harm is caused to a person due to the negligence of another.
Examples of Personal Injuries:
- Anyone who got injured on the job.
- Anyone who had an auto accident.
- Any business issues.
- Issues regarding employment.
- Insurance company not paying.
- Got injured on the job? Please visit this link Injury on the job for more information.
- Or had a car accident? Please visit this link Auto accidents for more information.
- Or facing a contract dispute? Please visit this link Commercial Litigation for more information.
- Or any work place issues? Please visit this link Employment Issues for more information.
- Or Insurance Company has not paid? Please visit this link Denial of Insurance for more information.
1: What is Tort?
The word tort is derived from the Latin term tortum, to twist, and implies conduct which is twisted or “tortuous”. It corresponds to the English word ‘wrong’.
It may be defined as a “civil wrong” for which the remedy is an action for damages.
A negligent or deliberate civil wrong not arising out of a contract or statute. These include "intentional torts" such as battery or defamation, and torts for negligence.
Requirements of Tort:
Personal Injury Law, also known as the Law of Torts, is designed to protect you or your property if injured by someone’s failure to act or omit. The law of torts is fashioned as an instrument for guiding people to adhere to standards of reasonable behavior and to respecting the rights and interests [3: insert a link for interest’s definition] of one another.
An act which infringes upon a legal right is a wrongful act. But every wrongful act is not a tort. To constitute a tort or civil injury, the following three facts must co-exist:
Invasion of either of any of the three rights of a person, his/her right to:
- Good reputation
- Bodily safety and freedom
The second requirement is that such wrongful act corresponds to a legal remedy.
Damage to the plaintiff
2: What is Negligence?
Negligence is defined as omission to do something which a reasonable person would do. An action for negligence proceeds when there is an obligation or duty on part of the defendant to use care, and a breach of it results in injury to the plaintiff. It is not necessary that the duty or obligation arises out of a contract between the two parties; however, the duty may arise from a statute Otherwise, if a contract exists when plaintiff is injured, he has a right to sue for damages.
Negligence is a type of tort that is applicable in both the criminal and civil Jurisdictions.
Negligence basically refers to being:
- And to shirk your duty
It is something totally unacceptable and considered a tort to a person / property depending on the injury.
Degrees of Negligence:
There are two degrees of negligence:
- Ordinary: When a person fails to use reasonable amount of care that a prudent person would use under the same circumstances, he is considered ordinarily negligent. Ordinary negligence is a failure to exercise reasonable care.
- Gross: Gross negligence” means an act or omission by a Defendant which when viewed objectively from the standpoint of Defendant at the time of its occurrence involves an extreme degree of risk, considering the probability and magnitude of the potential harm to others; and of which Defendant has actual, subjective awareness of the risk involved, but nevertheless proceeds with conscious indifference to the rights, safety, or welfare of others.
Examples of Negligence:
- A driver who ignores a stop sign and who drives considerably above the legal speed limit can be considered negligent.
- A company that releases a dangerous drug without thoroughly testing the medication and identifying all of the side effects could be characterized as negligent.
- A doctor who mistakenly operates on the wrong patient or on the wrong body part would be considered negligent.
- The owner of a shopping center who breaches their duty to provide a safe place for you to shop by not fixing faulty doors would be considered negligent if usage of this faulty door caused injury to you.
Have a legal person help you out, reach out to Mr. Jim Zadeh who has the capability to pull you out of your stagnant state of suffering due to Personal Injury and guide you to the way forward.
Have you been a victim of any of the above mentioned or similar injuries or damages? If so, you should contact an experienced and qualified lawyer.
Dallas - Fort Worth attorney Jim Zadeh handles negligence, personal injury, contract, and insurance disputes. Call 817-335-5100 or toll free 888-713-5418 for a free confidential consultation.