Personal injury law is also known as tort law. The word tort is borrowed from Latin, and it means to twist, wrong or harm in some way. The laws are all about legal remedies and defenses applied when a civil lawsuit is brought forward after wrongful conduct. If you have been injured in an accident, or you have suffered damages as a result of wrongful conduct by another party, you should consult a personal injury attorney and see whether you should file a case. Here are some things you need to know before hiring an Accident Attorney in Kendallville IN.
The philosophy behind tort laws
All personal injury cases are based on negligence. In a perfect situation where there was no negligence, all members of the society would act responsibly and without putting others in harm’s way. The law recognizes that not all acts of negligence result in other parties getting hurt. Therefore, for liability to be established, the plaintiff must clearly show that had a reasonable person been put in the defendant’s position, they would have acted differently, and the injury or damage would have been avoided.
Types of negligent acts
There are very many types of cases that fall under the jurisdiction of tort laws. Here are a couple of examples:
1. When a car accident is caused by a person who is driving under the influence, ignoring traffic rules, over-speeding or engaging in distractive actions as they drive.
2. When an act of negligence leads to a death that could have been avoided.
Punishment for negligence
After it has been established that the defendant acted in a negligent manner, they will have to compensate the plaintiff for the injuries. Some of the compensations such as damage to the vehicle and medical expenses are easy to calculate. However, things such as emotional distress are a little more difficult to calculate compensation for. Punitive damages may also be put in place in order to discourage similar conduct in the future.
These are just a few things you should understand about personal injury law. Hiring an Accident Attorney in Kendallville IN is the first step towards getting a solution. Contact Yoder Kraus & Jessup P.C., they will help you receive the compensation you deserve to help during this difficult time.
Be the first to like.