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Personal Injury Explained: Basics

By definition personal injury is “an injury… to the body, mind or emotions”. As such, personal injury law gives an injured person the right to file a lawsuit in court and get compensation. This compensation comes from the losses the injured person has suffered due to an accident or incident. This article and others will discuss the basics of personal injury law.

The personal injury system is designed to compensate the injured person or ‘make them whole’. This is after suffering harm as a result of someone else’s negligent or intentional acts.

Personal Injury Rule Basics Application

A number of situations arise where personal injury rules can be applied, for example:

  • Accidents – in situations where someone’s negligence and carelessness causes harm to another person personal injury rules apply. This includes car accidents, medical malpractice, slip and fall accidents, etc.
  • Intentional acts – the personal injury laws applicable where a person’s intentional actions result or cause harm to another person
  • Defamation – the laws also apply when a person’s defamatory statements result in harm to another
  • Defective products – under product liability the personal injury laws apply when a vehicle part, medical device, etc. is defective or unreasonably dangerous. This could result in a product liability lawsuit being filed against the manufacturer.

Personal injury laws have many sources, however, many of them date back to old ‘common law’ rules. Common law is law made by judges rather than being passed in bills and statutes. Once a judge decides on a case, the decision becomes binding to all lower courts in the state. This creates common law. However, common law differs from one state to the next. Therefore, the personal injury law rules are not uniform across the country.

Other sources of personal injury law include laws passed that deal with specific personal injury issues. Other state law that affects personal injury cases is the statute of limitations.

For more information, advice and representation contact the Vinson Law Office today.




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