The Personal Injury Law: Do You Have a Valid Claim?

By admin / May 25, 2020

Have you been injured due to third-party negligence? And, do you have a valid claim in terms of the Tort or Personal Injury Law? What is third-party negligence? And, what is the Personal Injury Law?

As a way to answer these questions, let’s consider the following points:

Third-party negligence: What and how?

Third-party negligence or liability is defined by as “bodily injury [harm] caused to a person because of a negligent or reckless third party’s actions or omissions.” It includes incidents caused by another person or third-party likes road accidents, slip-and-fall incidents, and injuries caused by product defects.

The salient point here is that the victim must be able to prove that it was a third-party’s negligence that caused the injury.

As one of the Hillsville accident attorneys highlights, “to prove the third party’s negligence, the plaintiff [victim] will need to prove duty, breach of duty, causation, and damages.”

The Tort or Personal Injury Law: What, why, and how?

By way of determining whether you have a valid claim or not, let’s look at a succinct definition of a tort and the tort law or personal injury law.

What is a tort?

A tort or personal injury is an “act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.”

In the context of a tort and the tort law, the word “injury” “describes the invasion of any legal right, whereas [the term] “harm” describes a loss or detriment in fact that an individual suffers.

How does the tort law relate?

The tort law, on the other hand, aims to offer “relief to injured parties for harms caused by others, to impose liability on parties responsible for the harm, and to deter others from committing harmful acts.”

Fundamentally, legal torts shift the burden of loss from the injured party (plaintiff or victim) to the party at fault. An interesting caveat here is that this burden doesn’t only get shifted to the party who is deemed responsible for causing the injury, there is a small provision for this burden to be transferred to the party who is “better suited to bear the burden of loss.”

Do you have a valid claim or not?

The most important question that must be answered is whether you, as the victim or plaintiff in the personal injury lawsuit, have a valid claim or not. In other words, does the definition of a personal injury within the tort law support your claim?

As described above, your claim or the lawsuit that you file must prove that the third-party or the defendant meets the following criteria:

The third-party’s duty was to ensure that the accident did not occur. Thus, because the accident happened, there is a breach of duty on the part of the third-party. Consequently, the third-party is directly responsible for this accident. And, the burden of proof can be passed to the third-party; with financial relief offered to the victim or plaintiff as a form of restitution.

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