Introduction
Most men and women know what they know about personal injury lawsuits based upon what they view on the television and see on television commercials for personal injury lawyers or solicitors. Unfortunately, what is oftentimes portrayed on television programs, in movies and in commercials advertising the services of lawyers or solicitors is inaccurate and not particularly correct. In point of fact, they do not necessarily understand what is involved in a personal injury lawsuit.
What follows is a discussion of a few important factors related to the area of personal injury to allow a person a bit more insight into that area of the law.
It’s a Tort not a Tart
Personal injury law is governed by a set of legal principles collectively known as tort law. (Most often, men and women in the United Kingdom, the United States and in other countries of the world with similar legal systems hear the word “tort” most often associated with reform.)
Tort law is that area of the civil law concerned with dealing with the aftereffects of one person causing some sort of tangible or (at times) intangible harm to another. For example, if your neighbor takes off and clobbers you about the head with a stick, he has committed a tort -- he has caused you physical harm for which you might be able to recovery damages in court. This is an example of a tangible harm.
On the other hand, suppose for a moment that your neighbor elects to spread terrible and untrue rumors about you. While you have not sustained any personal injury because of the conduct of your neighbor, he has caused you an intangible harm. Again, you may be able to bring a case against him.
Negligence
Most tort or personal injury cases center on the concept of negligence. (Of course, there are instances when one person causes another damage or injury intentionally. But, more often than not, one person accidentally causes damage or injury to another.)
In the matter of a personal injury case, more often than not the person that contends that he or she was injured must demonstrate first of all that an injury or damage did occur. After this, a person must establish that there was some action (or, in some cases, required action) on the part of another person that causes the injury. Finally, in most cases it must be established that but for the action of the other person, no injuries would have been sustained by the person seeking legal assistance. IN legal jargon, this is known as the theory of proximate causation.