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Personal Injury Law (Or Law of Tort)


The term commonly used to describe it is “Tort.” It’s derived from the Latin term which means “to twist.”

Unlike “criminal law” the state is not responsible for the persecution and eventual punishment of the wrong dower.  Instead, the injured party (i.e. the plaintiff) typically seeks some form of compensation (also referred to as “damages,” usually monetary compensation) from the wrongdoer (herein referred to as the “defendant”) for the hurt he/she has suffered due to the defendant’s action.

In other words “Torts” are essentially personal injury lawsuits brought on by civil (rather than criminal) wrongs. By which it is meant that the wrong (or any subsequent harm and/or injury caused by it) was unintentional.

Doctrine of Negligence

Tort actions are usually bought on due to (what in legal parlance is referred to as) “The doctrine of negligence” which basically charges everyone to be responsible in their behavior towards others so as not to cause them any undue harm.

However the doctrine understands that some accidents are simply inevitable. This is why in order to establish liability; the plaintiff (the injured party) must show that the defendant should have acted differently rather than doing what he did which led to causing the injury. The defendant may also be referred to as “Tortfeasor,” i.e., someone against whom tort proceedings take place.


Dog Attacks

If the defendant allows an untrained dog to roam freely on the roads and if the plaintiff is mauled by said canine, then the plaintiff as the injured party (quite literally in this case) would have the legal right to sue the owner of the animal.

Drunk Driving

If a sane adult is inebriated and in this condition drives a vehicle, and that vehicle hits the plaintiff, leading to him being injured, the plaintiff could have the right to extract damages.

Medical Malpractice

An obstetrician operating on a woman during child birth may accidentally leave the forceps inside the patient.

In other words, negligence is any case in which the responsible party ignored the significant risk posed to others due to carelessness leading to injuries caused to the plaintiff.

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