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Sunday, Sep 15, 2019

Info Center – Personal Injury

The general goal of the majority of  personal injury actions is to place the blame for the injury on the party who caused it and to require them to compensate the injured person for the losses sustained.

However, not every injured plaintiff is entitled to recover damages for the injury he or she has sustained. Besides an injury, the plaintiff must establish, through evidence, that the defendant is legally liable for the sustained injuries. The defendant can be held liable as a result of either the actions he or she took, or the actions he or she had a duty and failed to take.

Some personal injury actions revolve around intentional conduct, which means that if an individual intentionally harms another, or knows that the conduct he or she is engaged in has a substantial likelihood of harm, he or she may be liable for the resulting harm. Other personal injury actions are based on negligence. Under a negligence theory, an individual is liable for the injuries caused by his or her own actions, or inaction. Still other types of personal injury actions are based on strict liability, a no-fault system where liability may attach regardless of the fault of the various parties, including the plaintiff.

In some situations, the defendant’s conduct, while questionable, does not rise to a level that entitles the plaintiff to a recovery. For example, if a plaintiff knowingly and willfully chooses to encounter a known hazard, the law holds that he or she has “assumed the risk of injury” and therefore the defendant is not liable. Plaintiffs are denied recovery in other cases if their subjective belief about a situation does not match an objective “reasonable person” standard.

DISCLAIMER: This site and any information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.


 

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