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Law and Lawyers

Personal injury Law and the Four Elements of Tort

A personal injury happens when a victim has been hurt either on his body, his mind or through his emotions by no fault of his own. These types of injuries fall under a category known as tort. The definition of tort is, “is a civil wrong, giving rise to a cause of action, independent of a contract. ” Tort has been committed when a person violates his/her duties to others.

Four Elements of Tort

Tort occurs when a person deliberately causes harm to a person or his property. According to quizlaw.com, there are four known elements of tort:

1. “The existence of a legal duty owed by a person to others. ”

2. “The breach of the duty by one person. ”

3. “The breach of the duty being the “proximate cause” of damages suffered by a person. ”

4. “Damages incurred by a person. ”

If a case contains all of these four elements, then it can be defined as a successful tort case. Types of tort cases usually involve traffic accidents, medical mistakes, asbestos exposure and slip and fall claims.

Slip and fall accidents

What exactly does it mean when there is a claim for slip and fall? A Slip and fall claim occurs when someone falls and hurts themselves on another person’s property because of dangerous conditions. Dangerous conditions includes snow and ice on the ground, unexpected cracks in a floor, poor lighting or rough patches on the ground. If a victim hurts themselves on someone else’s property, they may be reimbursed for medical costs or receive assistance to help for medical coverage. When property owners do not provide safe conditions, they can be liable if someone hurts himself on their property.

Traffic accidents

Traffic accidents will be different in each state. They may be put into two categories: no-fault and at-fault. Most states offer the no fault system. Through the no-fault system, it doesn’t matter who or what the cause of the accident was. Each individual will be responsible for his/her own loss. Some incidents are based on the cost of damage while others are based on circumstance. If he/she had an accident through the result of breaking the law, then it will be handled accordingly. There are states that follow the “at-fault” policy. The driver that caused the accident will be responsible for the damage that was caused. With this type of policy, then traffic accident lawsuits are more common. Insurance coverage policies will also come into play when it comes to traffic accidents too.

Medical mistakes

What is medical malpractice? Medical malpractice occurs when an injury or death occurs from a mistake made by a physician. The injury would not have occurred if the doctor had not made the mistake. Medical mistakes can also cause loss of wages, extra medical bills, mental stress or sometimes even death. One must remember that if the malpractice happened through standard medical care by your doctor in your area, a medical malpractice suit will not be successful.

When to seek a lawyer

If you have been a victim of personal injury through tort or negligence, then you have a right to file a claim. Once you have filed a police report, sought medical care and have photos, you can take your evidence to a lawyer who specializes in personal injuries. He/she will help you to make a strong case.