negligence include medical complications resulting from a physician’s carelessness; car accidents caused by drunk drivers; injury incurred while working; defective products; or wrongful death. Regardless of negligence or strict liability, a personal injury cases asks: What is the nature and extent of the damages incurred? Is the defendant liable for the damages? In those cases where the victim is entitled to damages, the attorneys at the Sam Adam Jr. Law Group are dedicated to ensuring that due compensation is awarded.
Personal injury law encompasses a number of causes beyond negligence, many of which fall under “intentional torts.” When intentional torts occur, it means that the defendant purposefully harmed the plaintiff. Examples include battery, assault, theft, infliction of emotional distress as through social media, among many others. However, defendants may be liable even if they did everything they could to avoid harming someone. Strict liability holds the defendant liable even if all activity was legal and all precautions taken. For instance, construction falls under strict liability.
There are two kinds of personal injury cases. Informal personal injury cases settle cases between parties involved in the dispute out of court. A type of written negotiation, informal cases end with a written agreement that confirms neither party will pursue further legal action by choosing to resolve matters monetarily. On the other hand, formal personal injury cases file a “lawsuit,” which must prove both negligence and proof. These cases may be brought against private individuals, government agencies, or corporations.
However, plaintiffs who choose to file a formal personal injury claim, or lawsuit, have a statute of limitations that dictates how much time can legally pass between the moment the plaintiff was injured and when they discovered the injury. Statutes vary by injury and state.
Damages are either general or special. In other words, special damages refer to costs that are measurable, such as lost wages or medical expenses, while general damages are less measurable. For instance, emotional distress, pain and suffering, or the effects of defamation are more difficult to prove due to their often subjective nature.