In general, personal injury law may be split into two categories: negligence or intentional acts. They may also be referred to as “torts” an old term meaning “legal cause of action” for which someone may try to seek to be compensated from the legal system.
Negligence
Negligence will occur when one individual damages the person or property of another without any “intent” to injure. This may occur due to the carelessness of the first individual. For example, a driver who is careless, and causes an auto accident by failing to obey the motor vehicle code could be found negligent and would be responsible for any damages caused to {-any} individual or personal property.
In order to win in a negligence case, the injured person needs to show that the other person had a duty of reasonable care, did not maintain that care, and that this failure caused the injuries to the injured person. For example, referring to the accident discussed perviously, all motor vehicle operators generally have the duty to operate their vehicle in a safe manner. If they fail, and that causes injury to another, or their property, they would meet all of the criteria to be held negligent and therefore liable for any damages caused to the injured individual.
The majority of negligent cases generally include slip and fall cases, car accidents, products liability cases, and injuries resulting from medical malpractice.
Intentional Actions or Torts
An intentional action has occurred when a party acts with intention to injure individual or their property. In many situations, it does not matter whether the party intended to cause the injury, only that she acted with intention to cause the act which caused the injury. In many states an intentional tort may also be stated as an act where a reasonable person knew or should have known would have led to an injury to a party or property.
Intentional torts may include actions as, kidnapping, assault, and domestic violence. In fact many intentional tort actions are brought resulting from a criminal act.
Harry S. Bernstein has been representing claimants as an experienced Cleveland injury attorney for several years. Please visit our website at Cleveland injury attorney from more information on this topic.
