Types of personal injury cases - negligence, intentional torts and strict liability

Personal injury cases can be divided into three main categories: negligence, intentional torts and strict liability. Below is a brief overview of the different types of personal injury cases:

 

Negligence: All of us owe a duty of care to the people around us. Specifically, it is our duty to act with the care and caution that a reasonable person would under the same circumstances. When a person violates this duty of care, and an injury results from it, they are said to be negligent. Of these three, negligence is by far the most common basis for a personal injury lawsuit

 

Intentional tort: A personal injury case falls under the general area of the law known as “torts.” Torts are any civil or wrongful act that results in an injury to another person. An intentional tort, as the name suggests, is an act that is committed willfully and purposefully. Essentially, the defendant set out with the intention of harming you or your property.

 

Strict liability: In a strict liability case, it is not necessary for the plaintiff to prove the defendant’s liability. Rather, the defendant is deemed automatically liable for the injury based on state laws. The defendant is held liable regardless of whether they knew they were endangering someone. The most common laws that impose strict liability are those related to defective products.

 

If you have been injured in an accident, contact us today to learn more about personal injury lawsuits and the type of case you may have. Email Fears | Nachawati at info@fnlawfirm.com or call us toll free at 1.866.705.7584 for free legal assistance from a Texas personal injury lawyer.

 

What is a personal injury?

“Personal injury” is a legal term that describes an injury to a victim’s body, mind or emotions. Personal injuries are distinct and separate from injuries to property. A personal injury can be either physical or psychological. Both types may be included in a Texas personal injury lawsuit.

Here is an example of a personal injury: John Smith is in a bad car accident. He sustains injuries including whiplash (physical) and emotional trauma (psychological). He also suffered an injury to his property when he car was damaged. John can seek compensation for all three of these injuries when he brings a personal injury lawsuit.

The term personal injury is generally associated with harm suffered by a person who is injured in an accident caused by another person’s negligent actions.  To learn more about negligence click here. 

If you have suffered a personal injury because of the negligence of another person, contact us today at Fears | Nachawati. For a free legal consultation with a Texas personal injury lawyer, email us at info@fnlawfirm.com or call us on our toll-free number at 1.866.705.7584.

 

Texas wrongful death lawsuits: what is negligence?

In a Texas wrongful death lawsuit, an attorney must be able to establish four things:

  • A human being has died.
  • The death was a result of a third party’s negligence.
  • The decedent has surviving family members.
  • The decedent’s surviving family members have suffered harm because of the death.

A person is negligent if their conduct departed from the conduct that could be expected from a reasonable person in the same circumstances. In less technical terms, your Texas wrongful death attorney will be proving that the defendant was acting carelessly and the decedent died as a result of that carelessness.

The theory of negligence is the basis for holding a person legally responsible in wrongful death lawsuits as well as any Texas personal injury lawsuit. All of us have a general duty to those around us to act in a reasonably safe manner. If a person fails to do so, and someone is killed as a result, then a Texas wrongful death claim may arise.

If you have lost a loved one to the negligence of a third party, contact Fears | Nachawati today to learn more about wrongful death lawsuits. We will provide you with a free, no obligation legal consultation. Simply email us at info@fnlawfirm.com or call us on our toll-free hotline at 1.866.705.7584.