The Grounds for Filing a Personal Injury Claim

Here one must know about “Tort Law” . All personal injury claims filed in either the insurance companies or the civil courts comes under this law. It serves as the main and standard basis on how should a case be given verdict. Its provisions, however, can be complicated on the part of the petitioners or the claimants victimized by the various types of misconduct. Hence, consulting a lawyer is very much needed here. Doing this move certainly increases their chances of having a successful claim case. However, it is very much important to determine on which category their cases fall before filing it accordingly.

There are two major categories of personal injury litigation, negligence and intentional acts. Let us understand the difference between the two:-

Negligence

Negligence is a very cause of personal injury cases. When an individual fails to exercise cautiousness in performing his or her duties resulting to unintended harm or injury to other people it comes under negligence. In negligence cases, the injured victims must then prove these four elements:

A) The accused has the obligation to provide them rational care or standard medical treatment for health care providers.
2) The accused has defied the accepted manner of exercising their duties.
3) Their injuries are a result of such defiance.
4) Their injuries are logically probable to cause harm to them.

For example, a Cab driver has the obligation to secure the safety of passengers and to maintain his control to the cab at all times. Any mistake or carelessness may result in tragic accidents causing severe injuries to the passengers or any other people on the road. Then, if this scenario happens, the injured victims have their strong points of arguments that the cab driver who performs such neglectful acts is legally liable and should pay monetary damages to cover their physical injuries and all other expenses that may come along with it.

Intentional Acts

Intentional torts are wrongful actions done intentionally which resulted in injury of other people. However, it is often hard time using this line of reasoning in pursuing a personal injury claim. This is because intentional wrongful acts are not guaranteed by most policies of the insurance companies. Nevertheless, intentional acts may be used as bases for civil or criminal offenses. Assault, character defamation, mental torture, child abuse, is some of the considered intentional acts.