Tort and negligence: Know your terms.
Did you know that according to the US National Library of Medicine only 10-20% of medical malpractice claims receive a settlement for their claim? Before you can choose one of the many Philadelphia injury lawyers you should ask, “what is a personal injury?” According to attorneys.com, personal injury is defined as “physical and mental injuries that occur because of someone else’s negligence, intentional actions, or strict liability.” It’s a good definition, but one that requires further explanation. Let’s define each term separately:
Negligence is when the defendant “failed to act with reasonable care.”
Intentional Harm means that you were the object of someone’s purposeful assault, battery, false imprisonment, etc.
Strict liability is the concept that companies and manufacturers are held responsible for the food they make or the toys they sell that need to conform to national safety standards.
The following are considered personal injury claims:
- Auto accidents
- Motorcycle accidents
- Boating accidents
- Trucking accidents
- Railroad accidents
- Slip, trip and fall accidents
- Medical and dental accidents
- Sexual abuse
- Dog bites
- Injuries that occur because a product’s malfunction or defect
- Work-related accidents
- Wrongful death
Most of these are not classified as crimes, but as “tort.” Tort is the french word for “wrong.” They do not necessarily constitute criminal action, but rather violations of civil law.
What does that mean for you?
When you choose to file a personal injury claim, you will need to prove the following conditions have occurred:
If you have not been actually injured, there is no claim. Also, it is good to consider the severity of the injury before filing a personal injury claim with Philadelphia injury lawyers. A bruised knee or sprained finger might not merit the time and effort necessary when filing a claim. Even the best malpractice lawyers in Philadelphia may not take on a claim suing a doctor who accidentally stepped on your toe during the doctor’s examination. If, however, you do have an injury that has prevented you from continuing your life as before, or that has permanently scarred you, you ought to contact a Philadelphia injury lawyer.
Philadelphia injury lawyers will tell you that filing a personal injury claim will require proving negligence on the part of the person or corporation in question. Proving negligence is achieved by utilizing these different types of evidence:
- The negligent party had a duty to prevent the injury of an individual.
- The negligent party has exposed you to “substantial risk of injury”–whether knowingly or unwittingly. In either case, it was their responsibility to remove the risk.
- Either by action or omission, the injury was a direct result of what the negligent party chose to do.
- You suffered monetary “harm” because of negligence on their part.
As you can see, personal injury claims are not simple, and you want the best injury lawyer Philadelphia has to offer. The Law Offices of Thomas More Holland will provide you with the best Philadelphia injury lawyer. Call us at (215) 543-6771 for more information.
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