Personal Injury Glossary: Wilshire Law Firm

An action done to an individual that resulted to an injuries or damages, therefore the injured party can file legal actions for it ("Tort Law - Tort | Laws.Com"). In order to recover from the injuries and damages the complainant can actually demand a compensation in a monetary from from the party who caused the injuries. There are two types of tort it can either be constitutional or personal. Constitutional tort is when the person's rights will be forbidden to him/her that is actually provided or from the Constitution while the Personal tort, is tainting a person's reputation intentionally which law will never tolerate ("Tort Law - Tort | Laws.Com").

Contributory Negligence: A court may find a plaintiff contributory negligent or partially responsible for their injuries.

The first legal concepts we will cover are Torts. By definition a tort is a civil wrong or wrongful act, whether intentional or accidental, from which injury occurs to another. Now when dealing with torts the first question that needs to be answer is a question of liability. There are: intentional liability, negligence liability, and strict

Intentional Tort: Torts actionable upon evidence of an intent to cause harm on another, such as assault, trespass, false imprisonment, private nuisance, defamation or invasion of privacy.

Negligence is a tort law and it falls within the civil law which means a civil wrong has been committed (Tort and Negligence, 2012). The American civil justice system, defines the law of torts as situations that occur when the wrongful conduct of one party causes harm to another individual (WiseGeek, 2003). The responsible party fails to act as a reasonable person to someone to whom she or he owes a duty, as required by law under the circumstances. Negligent torts are not committed purposely, and there must be an injury that occurs from the breach of the duty (Negligent Tort Law, 2014).

3. For special damages, according to proof on each cause of action for which such damages are available. Also, including, without limitation, lost salary, both front and back pay, bonuses, and any other benefits to which

When talking about the law the term tort (Liuzzo, 2016, p36) can be used to describe a negligence and strict liability offence.

Car accidents, dog bites, slips and falls, bicycle accidents, medical malpractice, and motorcycle accidents are some of the most common areas of personal injury cases handled by injury lawyers. Whenever a personal injury is sustained in such areas in which you were a victim, you may be entitled to compensation. A personal injury lawyer is your best option for winning such compensation in a face of a defendant. There are countless numbers of personal injury lawyers in your area who can move you in the right direction and build a strong case in your favor.

Comparative negligence: it allows the plaintiff to collect some damages, but it will be reduced by the amount by

*What is a tort? A civil wrong other than a breach of contract for which the law provides a remedy.

If you are the victim of another’s recklessness or carelessness and our injured, you have more important things to focus, such as your recovery, then on your potential lawsuit. However, it is important to know what the process of a personal injury case may look like. Below is a step-by-step look at what a personal injury case may look like. Remember, each case is different, and your case may not follow each step exactly.

In legal context, “Negligence” is behaviour that falls below the reasonable standard of care and “liability” refers to who can be held accountable for any damages occurred. Legally, the firm can only be at risk if there is evidence that suggests negligent conduct and all four of the following elements are met and proven: a duty of care is owed to an individual, the standard of care is not met, damages have occurred, and the failure to meet the standard of care significantly contributed to the damages that occurred. Along with negligence, there is a possibility of being deemed liable and having to pay for damages. However, even if found negligent, there are tools that the firm use to deflect or lessen liability such as vicarious liability, contributory negligence or voluntary assumption of risk.

Since punitive damages were first recognized and accepted in American tort law, they were the subject of heated debate and skepticism regarding their remedial purpose. A majority of jurisdiction that authorized the recovery of punitive damages adopts the theory that punitive damages serve two functions (i) to punish past wrongful conduct; and (ii) to deter future wrongful conduct. Both theories are criticized as being inconsistent with each other and for being inconsistently applied by the courts in particular cases.

The tort of negligence is the most important area of modern tort. It is the main tort of concern to business ventures (O’Toole, 2014). Its major aim is to compensate the claimant. It is a breach of a duty that defendant owes to the plaintiff, resulting in damage to the claimant. It is not related to a particular act but with a way of acting and is thus harder to define.

The claimant can claim negligence even if he is partly responsible for the negligence. The defendant should recover the damages which occurred from his negligence to the claimant. The court will decide the amount of the recovery according to the grade of liability from the defendant. This is called contributory negligence (Richard Card et al, 2011).