There are many types of cases of personal injury torts, and each one espouses conditions, circumstances, and actions that are completely unique to each individual personal injury tort case. Given this nature, a significant amount of personal injury cases do not fit into all of the commonly noted categories, however, some of the more well-known incidents that can result in victim's pursuing a personal injury tort case include:
In almost all of the aforementioned types of personal injury torts, a plaintiff will seek the counsel and representation of a personal injury lawyer in pursuing claims of personal injury damages. Claims for damages, whether for physical, psychological, or financial, are the rights of plaintiffs when negligence is shown to have been the direct cause of a victim's injuries. Making these claims, successfully, however, is through plaintiffs proving the burden of the guilt shows that the defendant did not operate sufficient due diligence to prevent the injuries or damages that a victim sustained. In the American civil courts, the preponderance of evidence must point to showing that the defendants, whether an individual, business, or organization, allowed for a liability to exist that could have potentially caused injury to another individual. The chance of accidents occurring in life is high, and in understanding, the civil courts use the test of a reasonable standard of care to validate the level of negligence, and in turn, the level of responsibility, that a defendant has for a plaintiff's injuries.
When determining personal injury due diligence, the judge and jury will seek to answer the following questions:
The last question of whether the plaintiff was partially or completely at fault for his or her own injuries is a highly pertinent question in personal injury due diligence. If it is found that a combination of plaintiff and defendant negligence resulted in damages, each state has their own policy for allocating damage awards. Some states will offer percentages of damage claims based on the percentage of liability assessed to defendants and plaintiffs, while others will not award any compensation for plaintiffs found more than one percent liable for their own personal injuries. Only a personal injury lawyer is versed enough in your local, state, and federal laws to make a true assessment of the viability of your personal injury case earning damages.