The Scope of Personal Injury

Not everyone realizes just what the scope of a personal injury may be, although often they do understand that the injury is usually the fault of someone else’s negligence.

People have a passing idea of what a personal injury is – something that hurts or harms them personally. They also mostly understand that they may be able to be compensated for personal injuries if their case may be proven in a court of law. Despite the basics that people “get,” there is another fact that isn’t discussed too often. That fact is that there are, generally speaking, two classes of personal injury litigation.

The two classes of personal injury litigation are cases of negligence and cases of intent. In some instances lawyers will divide these cases into specialties. Generally speaking, cases of negligence mean that harm or injury has been done to a person because of the negligence/carelessness of someone else. In these cases, the victim has to prove the defendant had a duty of care to exercise reasonable caution, and didn’t – resulting in harm. To put this another way, the defendant breached a duty of care.

In instances of intentional torts, there is a very clear “intention” behind someone’s wrongful actions. This is an interesting area of the law, as it doesn’t matter if the injury was more excessive than intended. The facts are that there was “intent” and that kicks the case into the intentional tort arena. Compensation in these cases is hard to obtain, as insurance companies don’t provide coverage for things like this. The victim may still pursue the case to make sure the defendant is punished for his or her wrongful intent.

Since these types of cases are so diversified and each one has its own set of circumstances, it’s wise to consult with a personal injury attorney who is able to assess the merits of the case. The attorney will be able to advise if there is the possibility of compensation or not. Don’t refrain from contacting a highly skilled personal injury attorney because the case may not be clear-cut, as every case has its merits. The attorney will advise on the best route to justice.

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