Personal Injury Law: The Basics

The Basics of Personal Injury Law

What are the basics of personal injury law? In this article, we will discuss what the basics of personal injury law.

There are a wide variety of different situations where personal injury rules apply:

Accidents

Personal injury rules apply when someone acts in a negligent manner, and that carelessness causes harm to someone. Examples of accidents include things such as car accidents, slip and fall incidents, and medical malpractice.

Intentional Acts

Personal injury laws apply in situations such as when a defendant’s intentional conduct causes harm to another person. Different examples of these acts include assault and battery along with other intentional torts.

Defective Products

There are a few situations where a defendant can be found liable for injuries without any negligent or intentional wrongdoing.  Some examples of this include certain types of product liability claims that arise from a defective product.

Defamation

Personal injury laws apply when one person’s defamatory statement causes harm to another person’s reputation.

Who Makes Personal Injury Laws?

Have you ever wondered who actually makes personal injury laws?  In this blog you will find the answer to that question.

Many personal injury laws date back to old “common law rules.” Common law actually refers to laws made by judges not laws made by legislatures or passed in bills and statutes.

“When a judge hears and decides a case, his decision on that issue of law becomes binding precedent on all other courts in the state that are “lower” than the deciding judge’s court” (Goguen, 2015). Other courts then have to apply what the first judge said. Eventually, all of this binding precedent creates a body of “common law.”

Common law can and does differ from state to state. The rules for personal injury law do not uniform across the country. “Much of the common law has been collected into something called the Restatement of Torts, which is sort of a guidebook that explains what the rules are, and a lot of states draw guidance from this on personal injury matters” (Goguen, 2015).

All this information is great but not useful if you do not know to apply it. Knowing when to hire an attorney can be useful as well.