Personal Injury Laws in the US

Personal injury becomes a legal wrong when harm has been caused to a person’s body, emotions, or reputation. This can happen due to an accident, negligence, or intentional factors. Personal injury comes under a broad subject known as Tort Law.

The 3 main bases under which personal injury claims can be brought:

  • Negligence:

    a personal injury claim due to negligence can occur if any individual has breached the duty of care. This means that if a person in any ordinary circumstance, has not done the basic minimum to ensure the safety of people of others that are using or are on his property, can bring about a case of personal injury due to negligence.

  • Strict liability:

    Under this, the accused is held liable for committing an action, regardless of whether they intended it to happen. Strict liability is imposed when the owner takes full responsibility for any product or service provided under their management. It is their duty to ensure that no harm is caused due to their product or service. However, if such harm takes place without the owner intending it or even directly causing it, they can be held for causing personal injury due to strict liability.

  • Intentional wrongs:

    personal injuries stemming from these happen when the accused intended it to happen. These can be instances of assault, battery, false imprisonment, trespass to land, and even intentional infliction of emotional distress.

In case anyone has suffered or is suffering from personal injury, they can claim damages against the accused. These damages act as compensation. They cover expenses like medical, lost wages, any travel or household expenses, to compensate for any pain, mental or emotional distress they may feel because of the injury.

Some of the most common causes of personal injury are:

  • Medical Malpractice:

    This can arise when a doctor or any other medical professional provides a treatment that is in any way negligent or not appropriate and falls below the standard of care established as an industry standard.

  • Defamation:

    This can happen via written or spoken word. They are called libel and slander respectively. This kind injures a person’s reputation caused due to false statements. To prove a claim against defamation, a person must show that actual harm(financial) occurred through the statements made and that they were made with malicious intent.

  • Assault/ battery:

    this is a kind of intentional tort that is not based on accident or negligence. This happens when one person knowingly harms or injures another. This makes up a criminal as well as a personal injury matter.

If you or anyone you know has suffered from any of the injuries above, contact a lawyer who is well-versed with Tort laws. They can help fight your case against the accused. At Autrey Law firm, P.L.L.P, a team of dedicated and licensed lawyers, with over 30 years of experience, are ready to represent your needs with honesty and trust at State, Federal, and Judicial courts across North Dakota and Minnesota.