Each state defines its own personal injury laws. Members of legislature, including a panel of judges, come together to create laws and amend them when necessary. Because of this, different states have very different laws, particularly in terms of their wording. However, they have many similarities as well. The biggest thing they have in common is that they usually accept three different types of tort:
The Three Torts
In an intentional tort case, the case looks at offenders that are completely aware of the fact that when they committed certain actions, they would be responsible for certain consequences. Their action, as such, was an intentional action. This includes such things as household physical and mental abuse, assault and workplace bullies.
Most personal injury laws, however, deal with negligence torts. Further information can be found about this on websites such as http://www.manibog.com/long-beach-office/. Essentially, the law states that all citizens have to be responsible and reasonable in their behaviour. This will ensure nobody gets hurt by what they do. For instance, it is reasonable to expect someone to remove grease from a slippery floor, such as in a restaurant. If they don’t, and someone were to slip and fall, the restaurant owner becomes liable under a negligence tort.
Finally, there is strict liability. In these cases, someone’s behaviour causes harm to another person and that victim can then sue. There is no consideration in strict liability for whether or not they conformed to normal standards or were aware of the consequences of their behaviour.
Other Types of Personal Injury Laws
Personal injury law is not always handled as tort. In this country, citizens are also protected from professional malpractice. Laws have been introduced all over the country to make sure professionals, and particularly medical practitioners, cannot act wrongfully and unethically.
Product liability can also be used against. Here, consumers can take legal action against a manufacturer that created a defective product and caused injuries.
Finally, there are transportation laws. This includes aviation, maritime, rail road and automobile accidents.
How to Properly Use Personal Injury Laws
In order to make sure you are able to use personal injury laws in your favor, you have to make sure that you know under which section your particular case would come. You have to decide whether your case is a tort case, or whether specific sections of the law, as described above, would better apply.
All of this may make you feel slight lost and panicked. However, you are not expected to have a full understanding of the law. After all, people go to school for a long time for that. And that is exactly the type of people you need to speak to. Take the time to speak to some personal injury attorneys that have experience in your type of case and ask for their advice. An initial consultation should always be free, giving you the opportunity to compare your options and find the best one.