Nolan
Law Firm
Personal
Injury
Personal injury law covers a
broad spectrum of issues when one has been
physically or emotionally injured, and/or
personal property has been damaged. In legal
circles, personal injury law is also known as
"tort" law, the French word for
"wrong." Personal injury or
"tort" law is the body of law that
allows one to be compensated in the event that
someone's carelessness, recklessness or
intentional misconduct injures or damages you or
your personal belongings. Automobile accidents
are classic examples of the types events covered
by tort law. If someone hits the back of your
car while you are stopped at a red light, that
person commits a tort, and is referred to as the
"tortfeasor" (French for
"wrongdoer"). In America that person
is generally referred to as the
"defendant" once a lawsuit is filed,
and the person harmed is called a
"plaintiff" or "claimant."
State law usually governs personal injury
lawsuits, but federal law may apply in certain
circumstances. For example, an injury suffered
on federal property may be covered by the
Federal Tort Claims Act, or liability for
injuries suffered in an airplane crash may be
governed by international treaties. A claim for
personal injury must be accompanied by an injury
that can be compensated. In other words, one
must prove an injury in order to seek monetary
damages. For example, if you were to slip and
fall due to someone else's fault or neligence,
you could not recover damages if you were not
injured in some way.
The law of personal injury is
concerned with determining who may be
responsible (who is "liable," or has
"liability") for causing injury and
how much the responsible party should be
required to pay for any damages resulting from
the injury. Personal injury law can be
classified in the following three broad
categories, or degrees of fault: negligence,
intentional torts and strict liability torts.
Each category is comprised of different types of
legal wrongs (or "causes of action"),
and indicates a different "standard of
care" that may apply to a given incident.
In all matters involving
personal injury it is essential that measures be
taken promptly to preserve evidence, investigate
the accident in question, and to file a lawsuit
prior to the deadline imposed by the statute of
limitations. If you or a loved one is a victim
of personal injuries, don't hesitate to contact
the Nolan Law Firm today. We can help.