Personal Injury Law: Negligence and Torts

Personal injury law is separated into two main categories: negligence and intentional torts.  Negligence refers to any accident that was due to someone else’s negligence – be it a manufacturers defect or personal negligence, as in the case of a care accident.  If any resulting injury is a result of your own negligence then you will not have a valid case.  Other negligence cases arise out of malpractice claims and a lack of proper maintenance – such as slipping and falling on a floor in a business where there is no caution sign.

The fault of the negligent party is paramount, in addition to the severity of injury.  For example, slipping and falling on the floor of a business may be due to negligence, but no claim can be made if there is no outright injury.  Faking these injuries has a very shaky legal basis and will not lead to a completed claim.

Intentional torts, on the other hand, are injury resulting from intentional aggression.  The difference between tort and negligence is that there does not necessarily have to be evidence of an injury.  If someone had the intent to cause injury, this is enough of a legal basis to file a claim.  There is an overlapping area where tort and negligence can cross paths.  If someone is hurt due to certain types of negligence, it can possibly fall under tort legislation.  The most common tort cases are for child abuse, general assault and battery, and defamation of character.  For the latter case, the injury is not physical, but results in financial or emotional harm.  “Emotional distress” needs firm grounds in order to win a settlement.