Area of Law:
If you have been a victim of negligence caused by the actions of another person or through consumption of their commodities or their businesses, you can sue them for compensation and claim damages. As the plaintiff, you need to proof in a court of law beyond doubt that the defendant is really responsible for losses suffered. Personal injury law falls under torts or civil wrongs where the defendant is accused of causing harm to the plaintiff by not exercising reasonable duty of care. The law allows claimants to recover losses and also get compensation for psychological harm that they may have suffered. Future losses can also be claimed in addition to present losses.
The plaintiff should be able to proof that there exist a relationship between them and the defendant that requires them to exercise reasonable duty of care to prevent losses or harm towards them. For instance, doctors have a duty of care to practice their duties in a professional and ethically acceptable manner. Producers of products also owe their consumers a duty of care to provide products that are safe for their consumption.
In order to claim damages after proofing the existence of a duty of care owed by the defendant, the plaintiff should further proof that the defendant breached this duty through negligence and by failing to reasonably exercise care. This is also referred to as the breach of duty on the part of the defendants. Such a failure to exercise reasonable duty of care is foreseeable that it could result to injury or harm to another party. Another aspect that must be proven is that the negligence on the part of the defendant is the sole cause of the harm or losses suffered by the plaintiff. According to David Marocchi here should be reasonable proof that, were it not for the negligence or failure by the defendant, the harm or loss would not have been suffered. Would the loss have been suffered if the defendant had exercised reasonable care? if this is proven to be correct, then the reckless or negligent acts of the defendant result in a ruling of liability. The defendant, however, has various defenses to claims of liability. For example, the assumption of risk, where the plaintiff knew the activities which they were involved in could be dangerous. This way, the injured party bears the liability since they knew what they were getting themselves into. Other defenses that the defendant may use include evidence of other intervening causes of harm other than the claimed ones and preexisting conditions that may have caused the loss other than the said recklessness.
There are various remedies that a court may award if the defendant is found guilty of negligence. The court may award full or part damages in form of medical expenses, property, wages and future earnings. The aim of awarding remedies to the injured party is to make the "whole again" by trying to restore their previous position before they were harmed.
Various states have different laws governing personal injury. Some require that jurisdiction of such cases lies within the areas that the harm was inflicted while others do not. Records of the case should also be maintained in order to proof a strong case. The plaintiff should also find a skilled attorney for case evaluation and representation.
Excellent article Melissa.
Submitted by esigmon on
Excellent article Melissa.