Personal injury law is a broad area of the law that encompasses many different types of injury lawsuits. In many situations, personal injury lawsuits arise when an accidental or unintentional injury occurs, and the injured party seeks damages.
Accidents and unintentional injuries are more common than many people might expect. The U.S. Centers for Disease Control and Prevention (CDC) estimates that more than 173,000 unintentional injury deaths occur each year, with thousands of additional nonfatal injuries. Within the category of unintentional or accidental injuries, plaintiffs may be able to rely on one or more theories of liability. In other scenarios, a person might file a personal injury lawsuit for an intentional tort, which refers to a wrongful act done intentionally.
Personal Injury Lawsuits Based on a Theory of Negligence
Negligence is one of the most common theories of liability in U.S. personal injury lawsuits. In a negligence claim, an injured plaintiff needs to prove that the defendant’s negligence caused harm to the plaintiff and that the plaintiff suffered losses as a result.
Negligence typically refers to an act or omission by the defendant in which the defendant failed to use reasonable or ordinary care that a reasonable person would have exercised under the same circumstances. Examples of personal injury cases that often rely on a theory of negligence include but are not limited to:
- Auto accidents
- Bicycle and pedestrian accidents
- Premises liability claims, including slips and falls
- Medical malpractice
Strict Liability and Personal Injury Lawsuits
In some types of personal injury cases, a defendant can be strictly liable for injuries. An injured plaintiff does not need to prove that the defendant was negligent. Instead, strict liability means that a defendant is liable for the plaintiff’s injury regardless of the defendant’s actions or behavior. Common types of personal injury lawsuits that can be brought under a theory of strict liability include:
- Product liability and product defect lawsuits
- Dog bite cases.
Not all states apply strict liability in these cases, so it is important to seek advice from a personal injury lawyer.
Intentional Torts and Civil Lawsuits for Personal Injury
In some cases, plaintiffs also may file intentional tort claims to seek compensation for personal injuries. Unlike personal injury lawsuits relying on a theory of negligence or strict liability, intentional tort claims are lawsuits that a plaintiff might file when another party’s intentional wrongdoing caused an injury. For example, intentional tort personal injury lawsuits might arise after an assault, battery, or intentional infliction of emotional distress.
You cannot file an intentional tort claim if the at-fault party did not intend to commit the act. These types of lawsuits are only appropriate in situations where there was intentional wrongdoing, which may or may not be accompanied by an intent to cause harm.
In any personal injury lawsuit, you must be able to show that you were injured and have a claim for damages in order to obtain compensation from the defendant. Without an injury, you will not have a valid claim, even if another party was negligent or engaged in a wrongful act. No matter what type of personal injury lawsuit you file, it is important to understand the specific legal requirements in the state where you are filing a claim and to seek assistance from an experienced personal injury attorney.