While all personal injury law revolves around liability which lead to physical injury and/or losses, the system can still be broken down into three main elements:
The basis of an intentional tort is an action meant to harm. Whether that harm is in regards to damage to property or person does not matter. Examples of intentional torts include false imprisonment, assault and battery, and trespassing. In order to establish an intentional tort claim, the following elements will need to be proven:
• Intention: the act needs to done with the intention to harm, or with the knowledge that it would inflict harm.
• Causation: the above-mentioned act must be responsible for the plaintiff’s injury, though it does not need to be foreseeable, or a direct consequence.
• Damages: physical injury, emotional distress, or damage to property must be established.
• Statute of Limitations: certain deadlines need to be met. However, these vary from state to state and between types of injuries so be sure to check in with your legal counsel.
With the basis of negligence, you can be looking at cases of medical malpractice and motor vehicle accidents, among others. In order to establish a case of negligence, you will need to obtain proof of the following elements:
• Duty of Care: In order to prove negligence, you will first need to prove that a duty of care was owed to you by the defendant. This can be a duty established by law, or on the basis of the regular standard of reasonable care which connects all humans In the eyes of the law.
• Breach of the Duty of Care: Once it has been established that a duty was owed, it is now time to prove that it was breached by the defendant.
• Causation: Now, you will need to prove that this breach of the duty of care was linked to the damages inflicted upon you, the plaintiff.
• Damages: You will need to present evidence for your injuries, whether they be physical injuries, damage to property, or emotional distress.
• Statute of Limitations: Again, there are deadlines to meet which vary between types of injuries and between states. Checking in with your lawyer will help you meet all necessary deadlines.
When the claim is being settled, the judge and the jury consider the liability of the defendant for the accident that took place. They will consider these key aspects:
• Activity: Strict liability only applies with very specific activities, such as the handling of explosives.
• Causation: the regulated activity needs to be the cause of your injury.
• Damage: You need to prove you were injured.
• Statute of Limitations: Deadlines need to be met.
Thus, to help and guide you, it is best to hire the services of a personal injury lawyer in Orillia.