Personal injury deals with liability for actions that cause property loss or physical injury to a victim. This area of law can be separated into three claim types: intentional behaviour, strict liability and negligence. Read on for a brief discussion of these three areas of personal injury law.
A Personal Injury Lawyer in Gig Harbor must prove certain elements to make an intentional tort recovery. An intentional tort is a harmful action done with knowledge or purpose, and it can cause damage to a person or to property. An intentional tort can be an assault, false imprisonment or a trespass. The following three elements must be proven for the case to succeed.
All jurisdictions have a statute of limitations within which the case must be filed. A lawyer can tell the client whether the case falls within the statute.
A successful strict liability case requires certain elements of proof as well. In a strict liability action, a sponsor, manufacturer or owner is automatically liable for injuries occurring because of a product or activity, regardless of their level of caution.
Negligence is often hard to prove, and cases must meet certain criteria. Negligent actions include various types of malpractice, as well as most auto accidents. The following must be proven in a negligence-based personal injury case.
* That the defendant owed the plaintiff a duty of care. These duties can be created by statute, or they can result from a reasonable standard owed by all.
* That the duty was breached. In auto accidents, for instance, the plaintiff must show that the other driver’s actions caused a risk.
* That a causal link exists between the duty breach and the damage sustained.
* That an injury actually occurred. If an accident occurs but there’s no property damage or physical injury, the victim cannot recover.
* That the statute of limitations has not run out. Every jurisdiction imposes limits on the time between an incident and a claim. A Personal Injury Lawyer in Gig Harbor can tell his or her client if the statute applies to the case.
Does the Victim Need an Attorney?
If someone is injured, they should consult a personal injury lawyer right away. Anthony C Otto can evaluate the merits of one’s case, and they can make recommendations on how to proceed. By hiring a lawyer, a victim can protect their rights and learn about potential legal remedies.