Personal injury law is a rather broad field that addresses civil liability for actions causing loss and physical harm to others. It can be divided into three classifications: strict liability, intentional tort and negligence.
Strict Liability
Each of the below elements must be fulfilled for a plaintiff to make a recovery in strict liability cases. Here, the manufacturer or owner is always responsible for accidents that occur because of the product or activity, regardless of the owner’s carefulness. It only applies to certain activities, and plaintiffs may only recover if the activity caused the injury. Damages are only recoverable if the plaintiff can prove that they suffered an emotional, physical or financial injury because of the product. Cases must be filed by a personal injury attorney in Silverdale within the time set forth in the state’s statute of limitations, or recovery may be barred.
Intentional Torts
The elements listed here must exist for a plaintiff to make an intentional tort recovery. An intentional tort is an action done with knowledge and purpose that harms a victim. The intent is measured against the “reasonable person” standard, and causal links must exist between the injury and the act. Injuries must be measurable, but emotional distress claims have a higher chance of recovery here. Like a strict liability claim, an intentional tort must be filed within the statute of limitations.
Negligence
For a negligence-based claim to be successful, the following elements must exist. There must be a duty or a responsibility for the safety of other people. The duty can be created by statute, or from a reasonable care standard. Where there’s no duty, liability cannot exist. The plaintiff must show a breach of the duty, that the breach caused the loss, and that the loss is measurable. Financial and emotional injuries are legitimate reasons to file a personal injury claim. Cases must be initiated within the statute of limitations to be heard in court.
Do Victims Need to Hire an Attorney?
If a person or a family member is injured in an accident, they should Visit us to talk to a personal injury attorney in Silverdale to learn how to protect their legal rights and potential remedies. Hiring an attorney right away will give the plaintiff the best chance of making a full recovery.
