Personal injury law, also known as tort law, is an area of civil law designed to compensate a victim of an accident. Carlson & Work of Reno, Nevada is well versed in personal injury cases. If you’re considering filing for a personal injury lawsuit, review the following article on personal injury law and contact the skilled personal injury attorneys of Carlson & Work for expert guidance on the proceedings.
Purpose of Personal Injury Law
The purpose of personal injury law is to protect a person after they have been injured due to someone’s act or failure to act. The court protects the injured person by attempting to obtain monetary compensation.
Personal Injury Law Parties
Within every personal injury case, there are two parties:
- Plaintiff: The plaintiff is the injured person filing the personal injury lawsuit. The plaintiff in a personal injury case is claiming that the defendant was negligent. A plaintiff must prove:
- The defendant’s duty of care.
- The defendant’s breach of duty of care.
- Actual causation of the accident.
- Proximate causation of the accident.
- Actual damages as a result of the accident.
- Defendant: The defendant in a personal injury case is the person who was allegedly responsible for the plaintiff’s injury. The defendant had a duty of care, meaning a duty to avoid the risk of predictable injuries to others, that the plaintiff is claiming was breached in their accident.
Common Types of Personal Injury Cases
There are several types of personal injury cases, including:
- Accidents: An accident personal injury case can arise from a car accident, a slip and fall accident, or medical malpractice.
- Intentional acts: This includes situations where a defendant’s intentional conduct causes harm to another person. An example of an intentional act personal injury case is assault and battery.
- Defective products: A defective product personal injury case can be the result of a vehicle component, consumer product, medical device, or pharmaceutical being defective or unreasonably dangerous and harming the person upon the use of the product.
- Defamation: A defamation personal injury case is when one person’s defamatory statement harms another person.
Common Types of Personal Injury Compensation
Personal injuries can be compensated in a number of ways. The most common forms of personal injury compensation include financial reparation for:
- Past and future lost wages.
- Past and future medical expenses.
- Household help.
- Pain and suffering.