It is very difficult for most lawyers to explain in simple language the intricacies of the cases and the law. The reason for this is that there is nothing simple or easy about the law. Most of us lawyers spent 3-4 years in law school learning law and earned a Juris Doctor degree. After law school, we had to pass a comprehensive bar exam, as well as a moral character exam, to be licensed to practice law. It doesn’t stop there; then we have to complete Mandatory Continuing Legal Education and continually keep up to date on new changes in the law to stay on top of our game, this is why it is so important to hire a competent lawyer if you have a case. Do not try to practice law on your own. This will be the subject of a future article.
I will try to give a brief description of what a personal injury case typically consists of, in plain language. I could write a book on the subject. Maybe one day I will. However, the purpose of this article is to give a brief synopsis of what a personal injury case is.
A personal injury case is known in law as a tort. A personal injury case for someone who is not a lawyer may seem like a simple proposition; however nothing in the law is simple.
Obviously, a personal injury case must involve someone or an injured entity. A personal injury case could involve physical, emotional, reputational, privacy, business, and other injuries. So the term personal injury is itself a bit misleading.
There are three main types of personal injury cases; (1) Intentional personal injury cases caused by the intentional acts of others or entities; (2) Personal injury caused by the negligence of others or entities; and (3) Strict Liability Personal Injury Cases caused by products that have a manufacturing defect or a design defect.
The basic principle of a personal injury case is that a person or entity must have done something, to a person or entity, that causes harm to a person or entity, and for which the other person is legally responsible.
The basic elements of a personal injury case are: (1) Liability (a person or entity is legally responsible for causing harm to a person or entity); (2) a person or entity suffered harm as a result of the damage; and (3) There is no legal excuse for the person or entity causing the damage. In the coming months, I will try to write detailed articles on each element of a personal injury case, but that is not the purpose of this article.
There can be two or more parties to a personal injury case depending on how many people or entities are involved. The injured person or entity is called the Plaintiff. The person or entity that is being sued for the damage is called the Defendant.
Many times, a defendant or the defendants may have insurance that will pay for the damage they caused.
If you feel you have been harmed by an intentional act of a person or entity, by someone else’s negligence, or by a product defect, don’t waste time, call an attorney to find out if you have a viable case and to obtain legal representation. . There is a saying: “Only a fool has himself as a client.” This will be the subject of another article.
By Norman Gregory Fernandez, Esq., Copyright 2006
Leave a Reply