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-- personal injury law - lawyers, attorneys & free legal information by continuing to use freeadvice.com you are agreeing to our terms of service and privacy and cookie policies. -- freeadvice: law select a legal topic free case evaluation -- ask a lawyer legal news free case evaluation by legal topic ► view all legal topics -- accident law bankruptcy law business law criminal law employment labor law estate planning family law financial law general practice government law immigration law insurance law intellectual property litigation malpractice law personal injury real estate law tax law small claims aviation law -- home › law advice › personal injury personal injury -- share -- -- -- personal injury contains: 5 videos, 484 articles, 56 faqs personal injury basics personal injury claims , personal injury laws and lawyers , personal injury damages , pain & suffering / lost wages , back injuries , more … defective products defective product claims , defective products , product defect liability and damages , da vinci robotic surgery , dangerous toys , more … dangerous drugs accutane , actos , anti-depressant drugs and birth defects , avandia , gadolinium mri dye , more … property damage property damage claims , property damage & insurance , more … structured settlements what is a structured settlement? , managing structured settlements , more … libel and slander libel & slander defined , defamation liability , defamation lawsuits , more … need advice about personal injury law? this section of freeadvice’s award-winning site contains a wealth of legal information regarding defective products, property damage, libel and slander, various injury cases, toxic chemical injuries, pain and suffering damages, asbestos, and much more. click the links on this page for the answers you need. personal injury law covers many different situations and provides the opportunity for an injured person to sue another person at fault for those injuries. personal injury law is often also referred to as tort law and cases are handled in civil, rather than criminal, court. a person may face both civil and criminal charges for the same action, but the key differences include a lesser burden of proof in civil cases and the fact that civil penalties usually take the form of money damages paid to the injured party. types of personal injury cases there are many different types of personal injury cases. just a few examples include medical malpractice claims, car accident claims, defamation or libel claims, intentional tort claims, dog bite claims, slip and fall or premises liability claims and toxic tort cases. all of these different cases seem as if they have little in common, but they do: the common thread is that there was a legal duty breached and that the breach caused harm. proving a personal injury claim when a plaintiff wishes to prove a personal injury claim, he will need evidence specific to that type of claim. for instance, a medical malpractice tort requires the testimony of an expert witness explaining how the doctor provided care at a standard below that which a physician with his experience and background should have provided. a car accident claim, on the other hand, may involve presenting witnesses to the accident or the testimony of an accident reconstruction expert to show how the actions of the driver fell short of what a hypothetical reasonable driver would do. however, while there are significant differences in exactly how things are proven. in general, every personal injury claim requires a plaintiff to prove that more likely than not (i.e., by a preponderance of the evidence ) that: a legal duty existed. a legal duty means that the person has a legal obligation to act with a certain level of care and caution. everyone has a duty to act with reasonable care anytime they act in a way that might foreseeably harm another person. for example, all drivers have a duty to other drivers to behave reasonably careful when operating their vehicles. the legal duty was breached. this element is typically proven by comparing the defendant's behavior to reasonable person. if the defendant didn’t use as much caution as a reasonable person would generally have used, the defendant probably breached the duty of care. in other cases, like product liability claims or medical malpractice claims, different standards are used. the breach was a direct/proximate cause of harm. in other words, whatever the defendant did either directly caused the injury to the plaintiff, or was a factor in whatever caused the injury. for example, if the defendant drove his car into a sign which later fell due to instability resulting from the impact, hitting the plaintiff, the defendant is said to have proximately caused the plaintiff’s injuries. there was harm. this involves proving damages, which may include medical costs, lost income, and damages for pain and suffering, among other types of damages. a defendant doesn't have to disprove these things to win his case, although he certainly can. simply asserting that the plaintiff didn't prove these elements may be enough to allow the defendant to win. damages a plaintiff who is successful at making a personal injury claim is generally entitled to past and future medical costs, lost income, pain and suffering and emotional distress compensation. many personal injury claims settle out of court with the plaintiff receiving a set amount to compensate for all of those things. when an out of court settlement does not occur, the personal injury case may make it to a judge or jury who will decide first on fault and then on damages. for a better understanding of personal injury law, explore the personal injury law topics in the links on this page. ← back to freeadvice: law personal injury basics defective products dangerous drugs property damage structured settlements libel and slander birth injury brain injury other injuries asbestos today's legal news ► malpractice law damages caps are harming malpractice victims litigation court strikes down “skirts only” dress code in charter school litigation sandy hook victims avoid dismissal of lawsuit against assault rifle manufacturer not what you need? 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Domain Name: FREEADVICE.COM
Registry Domain ID: 1281445_DOMAIN_COM-VRSN
Registrar WHOIS Server: whois.007names.com
Registrar URL: http://www.007names.com
Updated Date: 2011-06-21T17:45:27Z
Creation Date: 1996-03-27T05:00:00Z
Registry Expiry Date: 2020-02-16T04:59:59Z
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Registrar IANA ID: 91
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Registrar Abuse Contact Phone: 908-722-2211
Domain Status: clientDeleteProhibited https://icann.org/epp#clientDeleteProhibited
Domain Status: clientTransferProhibited https://icann.org/epp#clientTransferProhibited
Name Server: NS.RACKSPACE.COM
Name Server: NS2.RACKSPACE.COM
DNSSEC: unsigned
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REGISTRAR 007Names, Inc.
SERVERS
SERVER com.whois-servers.net
ARGS domain =freeadvice.com
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STATUS
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NSERVER
NS.RACKSPACE.COM 69.20.95.4
NS2.RACKSPACE.COM 65.61.188.4
REGISTERED yes
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