Monday, April 27, 2020

Fundamentals of Law Explained By A Personal Injury Lawyer In Richmond

Personal injury law is based on tort law and is applicable when a person sustains physical or mental injuries due to an accident caused by others dues to sheer negligence. This accident or injuries may also be sustained from any intentional actions of a person or strict liability. This means that, you will need to prove two things to win an injury claim case. These things are proving negligence of the other party and the relation of the injuries to the accident. It is in such situations when you will need the help of a Personal Injury Lawyer in Richmond.

The rules of negligence 

The most important thing that the Injury Lawyer in Richmond should focus on is the negligence of the other party. This means that the injury layer will have to prove that the other party failed to act with reasonable care to prevent the accident and harm. Negligence in personal injury law can be of two types. One is the contributory negligence where the other party, called the defendant, or the injured victim, called the plaintiff is responsible for the accident. The other rule is comparative negligence wherein the degree of involvement of the parties are considered and the claim amount is reduced to the degree of involvement of the plaintiff.

Intentional harm and strict liability

As mentioned earlier, apart from negligence, personal injury claim cases may also involve intentional harm and strict liability. When it comes to intentional harm, the ICBC Lawyers in Richmond refer to the deliberate actions of the other party performed with an intention to hurt you. These types of cases include battery, assault, libel and slander or even false imprisonment.Strict liability, on the other hand are those cases that involves parties related to production, distribution, and sale of any defective product. If these products injure the user, these persons are responsible and liable for payment.

Types of personal injuries

There are different types of personal injury cases handled by a Car Accident Lawyer in Richmond. These types include car accidents, motorcycle accidents, truck accidents, boating accidents, railroad accidents, public transport accidents, slip and fall accidents, sexual abuse, medical malpractice and dental accidents, dog bites and animal attacks, work related accidents, accidents due to malfunction or failure of products, and even wrongful death. Most of these cases fall under tort law which is a specific category of civil law. It has nothing to do with criminal law.

Validity of a case

The validity of a personal injury claim case depends entirely on how well you can hold someone else responsible legally for your injuries. For this, the injury lawyer needs to prove different things. One is failure of duty of care which refers to the obligation of the other party to act prudently to avoid accidents and injuries. Breach of duty is another clause which involves exposing someone to a substantial risk of injury knowingly or unknowingly. Direct cause involves deliberate acts of the other party or inactions that caused the injury. Lastly, severity of harm or injury is also considered to prove negligence and liability of the other party. For more information visit here: Barapp Law Firm BC

No comments:

Post a Comment