A personal injury cause of action is a set of facts that entitles a person to seek monetary compensation for their losses related to the accident. This type of lawsuit is a form of legal action known as a tort. This action is different from criminal cases that can lead to jail time or fines. A cause of action can occur due to an act or lack of action, breach of duty, or violation of rights.
The circumstances of the facts of your case will have an impact on your cause of action. In personal injury law, negligence or breach of duty is often the focus of the cause of action. A personal injury can occur intentionally. An example of this would be when a defendant deliberately injures a victim, or intends to commit an act that results in injury.
However, a personal injury can also occur unintentionally. If an unintentional injury is the result of someone's negligence, the plaintiff can file a lawsuit based on negligent behavior. Another way of saying it is that an intentional tort is a tort committed against another person with a purpose. However, an intentional tort can also be a simple knowledge of the results of your action.
If your injuries occur in a completely different situation that had nothing to do with the rape, you have no case. In insurance, personal injury, as commonly defined, does not include mental injuries that occur as a result of defamation, false arrest or imprisonment, or wilful prosecution. However, the statute of limitations for different types of personal injury claims varies from state to state. If your personal injury lawyer successfully proves a cause of action, the other party is considered responsible for monetary compensation for things like medical bills, car repairs, lost wages, and pain and suffering caused by your injury.
If someone exercises less care than normal or acts unreasonably and, as a result, you are injured, then that person was negligent. In his spare time from the legal world and in his quest for knowledge, this third-grade black belt and certified instructor aspires to work with various charities aimed at providing access to entertainment and games for all people. A separate criminal action can be initiated, if the incident that resulted in the personal injury was criminal in nature. The primary purpose of personal injury law is to heal people after an injury caused by an accident or negligence.
The Seattle personal injury attorneys at Morrow Kidman Tinker Macey-Cushman, PLLC have years of experience representing families harmed by medical malpractice and other negligence. Serious injuries (such as amputated limbs or brain damage) that cause severe physical pain and suffering receive the highest injury settlements. Therefore, you should consult with an attorney before proceeding with a personal injury lawsuit. Despite the general distinction between bodily injury and personal injury in insurance contracts, auto insurance known as personal injury protection (PIP) covers medical expenses for bodily injuries.
This includes physical injuries such as cuts, bruises, sprains, and emotional injuries such as depression, anxiety, and stress.