Personal Injury Law
WHAT IS PERSONAL INJURY LAW?
Personal injury means an injury to the person, rather than an injury to property, and relates to injury caused by the negligence of others.
There is often a property damage claim related to a personal injury claim such as in a car accident.
The most common types of personal injury are car accidents, also known as motor vehicle accidents, including drunk driving accidents, bus accidents, truck accidents, motorcycle accidents and suv rollover accidents.
Other types of personal injury include slip and fall, premises liability, negligent security, wrongful death, and assault claims.
In order to make a recovery in a personal injury claim there must be liability, or a breach of duty on the part of the negligent party, and damages to the injured party as a result of the negligent acts of the at fault party.
For example all drivers have a duty to observe the rules of the road, and not cause a collision with another vehicle. If a driver is negligent and fails to follow the traffic laws, or as a result of his actions causes a car crash, then that person has breached their duty to the other drivers on the road. Examples of negligence include failure to yield, careless driving, reckless driving, improper turn, running a red light, running a stop sigh, and any other violation of state traffic law.
It is not necessary for a driver to be cited with a violation of a traffic law in order for that driver to be considered negligent and liable for damages in a car accident. The police do not make liability decisions in car accidents, those decisions are made by the Courts, therefore car accident victims should not assume that they do not have a legal cause of action simply because the other driver was not given a citation.
The second aspect of a personal injury claim is that a person is injured as a result of the negligence or breach of duty by the at fault party. For example, if your car was parked and you were not in your car when the negligent driver ran into it, you would not have a personal injury claim, rather you would have a claim for property damage only. Further if you were in your car at the time it was struck by the negligent driver, but you suffered no injury at all, then you would not have a personal injury claim and would only have a property damage claim.
For more information or a free consultation on your legal issue contact The Law Offices of Charles D. Scott PLLC, your injury law and family law attorneys, at 727-300-4878. http://www.yourstpetelawyers.com