Negligence is a legal term that is commonly used in personal injury claims. Personal injury claims will usually result from one of two courses of action by the defendant: intentional torts or negligence. An intentional tort is an act, such as assault and battery, that is purposely done, and very likely to bring about injurious consequences.
Negligence is usually thought of as a lack of care; however, it can still be committed even if the party exercises the level of care that he or she believes is necessary. Regardless, it is an act that results in injury to a plaintiff because of the defendant's failure to prevent this injury. Personal injury claims based on negligence will vary as a result of the facts of the individual circumstances of the case. This means that the level of negligence will often be based on the competence of the defendant.
Both defendants and plaintiffs involved in personal injury claims will be held to the reasonable person standard. In a negligence case this will often be shifted to the defendant. The reasonable person standard means that a defendant's actions will be based on how reasonable people in a similar situation would conduct themselves. This is an objective test which is why it has been based on the rulings of prior negligence court cases.
For cases where a person will have physical or mental limitations, the reasonable person standard will be shifted. In this case, the reasonable person will become a reasonable person with the same mental or physical circumstances as the defendant. However, this does not excuse a person's actions in a negligence case who is abnormally rash or unreasonable. It will still hold the defendant to a somewhat strict standard of conduct. Personal injury claims of negligence will usually not include liability of children.
Unless a child is engaging in an activity that is normally exclusive to adults, then the child will be held to a different standard of conduct. Usually a child under six years old will not be held liable for his or her actions. If a child's actions have injured a plaintiff, and this plaintiff brings about a personal injury claim, it is possible for the parents to be held liable. This is because a reasonable person is expected to have at least some level of control over his or her children.
The amount of negligence will also depend of the mental capacity of the defendant. This will only be the case, however, if the defendant's mental capacity is severely impacted by a mental illness. The extend to which people lack intelligence; will generally not give them a reason to escape liability. In negligence cases, the standard of care is considerably elevated for those considered to be professionals.
This means that, instead of holding someone to the way a reasonable person would act in a situations, professionals are held to the way a professional person would act. Professionals involved in negligence personal injury claims are often doctors and attorneys. A personal injury judge will examine all aspects of a defendant before deciding what level of negligence he or she is responsible for.
A natural disaster is defined as an event in nature that significantly affects humans and the environment. These are events such as: floods, earthquakes, wildfire, avalanches, tornadoes, volcanoes, etc. Many times this type of disaster is referred to as an "act of God". Due to the intense nature of these occurrences, they will often cause severe damage to the landscape, structure, and humans.
When a person has sustained injuries from a natural disaster, this person will generally be able to receive compensation under personal injury law regulations. There are certain attorneys that will specialize in a branch of personal injury law that will handle claims that result from natural disasters. It is beneficial for the injured parties to hire an attorney with this specialization, because many times, general practice attorneys will not handle this sort of claim. These personal injury attorneys may also handle claims of damage to a house or property.
A personal injury attorney will also help injured clients file insurance claims for damages from natural disasters. Many times people will be able to ascertain from their homeowners’ policy whether or not their plan covers for natural disasters. Many times an insurance policy will be difficult to understand, which is why many people will consult the expertise of a personal injury or insurance attorney. Once the natural disaster occurs, whether the damage is done to the person or the property, the insurance company should be promptly notified.
A personal injury attorney will examine the facts of a case to determine if a natural disaster can actually be attributed to the acts of a responsible person. For example, a wildfire may occur because a guilty part did not properly dispose of a cigarette or extinguish a bonfire. In this case, the plaintiff may be able to appoint a specific person to become the defendant in a natural disaster personal injury case. Contact a personal injury lawyer to consult your case.
Also, there may be a party responsible if there was not an appropriate warning sign. If there is toxic material, for example, this must be specified by a particular notice or visible sign that warns the public. If there was no appropriate notice, the plaintiff may have a personal injury negligence case against the defendant.
Many times personal injury attorneys will handle natural disaster cases that are class action suits, meaning that there are a number of plaintiffs that were injured by a defendant or group of defendants. Class actions against mining companies are common law suit, because workers are subjected to dangerous conditions. In the event a natural disaster, such as a flash flood, these individuals are very likely to sustain injury. Attorneys handling these types of cases should be well versed in person injury law, tort law, insurance coverage, and natural disasters.
A personal injury accident that results from an abnormally dangerous activity will be treated differently than one that results from pure accident. The defendant who is at fault for the plaintiff's injury is generally responsible because of one of two types of action: an intentional tort or negligence. An intentional tort occurs when a defendant's actions are done purposely and with the intent to injure. Negligence, on the other hand, usually results from a lack of reasonable care.
In these cases, if it can be proven that the defendant's action caused injury to the plaintiff, then he or she will be liable for the personal injury accident. Damages will include reimbursement for medical bills, lost wages, pain and suffering, etc. However, there are certain conditions in which a party's actions are subject to strict liability. Strict liability is often referred to as liability without fault. In this case a plaintiff in a personal injury accident suit will not be required to prove any intent or failure of care on the part of the defendant. Contact a personal injury lawyer to consult your case.
Certain situations will prove to be so inherently dangerous that, regardless of the amount of care taken, it will be expected that injury is a very probable consequence. For example, the use of explosives or setting off fireworks, is considered to be a dangerous task , and therefore, the party involved will be responsible for injury. This can work against either the plaintiff or the defendant.
If the plaintiff who sustains a personal injury accident may be barred from recovery by placing him or herself in the dangerous situation. For example, if a neighbor is setting off fireworks, and the plaintiff is clearly standing too close to the fireworks, he or she will probably not receive compensation in a personal injury accident case. Similarly, if the defendant is setting off fireworks and one of these fireworks accidentally lands in the neighbor's property, injuring a plaintiff, the defendant will be held responsible regardless of the amount of care he or she attempted to exercise.
Dangerous activities in a personal injury accident will also involve housing wild animals or toxic material. These are both activities considered to be so dangerous, that it will result in strict liability in the event of a personal injury accident law suit. Again, this will be the case regardless of the amount of care exercised by the defendant. There are specific classes of animals that are considered to be incapable of being domesticated and tamed. If the defendant is housing one of these animals, and it injures a plaintiff, the plaintiff is eligible for compensation.
How to determine amount of damages accumulated?
Which law governs personal injury claims
Does the amount of negligence vary based on the individual negligent?
Waiver of liability
Contact an injury lawyer to consult your case.
Incurring a personal injury through dangerous activities
When is defamation considered a personal injury?
Defamation of character occurs when a person's words or statements negatively effect the reputation of another person. Slander refers to defamation of character is spoken form. In order to form a personal injury law suit based on defamation, the plaintiff may be required to prove the falseness of the statement. It is very difficult to prove defamation of character, because under the free speech amendment of the US Constitution, people are granted the right to speak freely. Defendants may claim that they were simply stating their opinion, or that the statement was actually true and of benefit to the general public.