A Quick Guide to Personal Injury Law
Common law
Common law is an ancient legal system that deals with non-criminal matters. Unlike civil law, it is based on court decisions and historical precedent. The principle behind common law is equity. That is, it seeks to return the parties to their previous well-being.
As a result, it is a legal system that differs from state to state. In some systems, the doctrinal structure is similar to civil law. Other systems offer distinctly different approaches to addressing the same set of problems.
While common law originated in England, its evolution has been a multi-faceted process. Various factors, including the introduction of statutes, have influenced its development.
When dealing with torts, a good rule of thumb is to distinguish between the various types of private legal obligations. One of the most common of these is the tort of negligence. This involves an individual acting negligently through a battery, assault, or slip and fall. However, most injuries do not arise from one isolated act.
Some states also have bad faith laws. These impose a duty on insurance companies to act in good faith. If the insurance company acts in bad faith, the policyholder may file a claim for damages.
Similarly, in the United States, a statutory law governs drunk driving. Product liability laws can also be used when a faulty product harms someone.
Finally, the common law of personal injury is a good way to describe the game's rules in situations where a negligent act causes harm. It applies to various situations, such as in a car accident, when a bartender drinks too much and serves a patron, and when a defamatory statement is made about a person.
Various common law systems have been developed over the centuries, including those in Australia, Canada, and New Zealand. Though less comprehensive than the American system, they share several doctrinal features.
Although the history of common law is partially clear, it was developed primarily through judges' decisions rather than by a systematic method of constructing a theoretical system. Although many of its features have been supplanted by more modern alternatives, it is still in operation.
Comparative negligence
Comparative negligence in personal injury law is a complicated issue. Many states have different rules. This is why you need to know which laws apply in your area. You may be able to recover damages regardless of who is at fault, or you may be barred from receiving compensation if you are more than half at fault.
Most state courts will find one party at fault for an accident. However, some states have a system known as pure comparative negligence. The theory of pure comparative negligence allows injured parties to recover even if they are 99% at fault.
Other states follow a modified comparative negligence rule. These states generally have a 50% or 51% limit on the amount of fault an injured party can have in an accident. In a wrongful death case, the percentage of fault can also be less.
In New York, comparative negligence has been used since 1975. The plaintiff's percentage of fault is subtracted from the damages awarded. So, if Jackie was injured in an accident, her damages would be reduced to $4,500. If she were 75% at fault, her damages would be $4,800.
There are a few exceptions to the comparative negligence rule. For example, Virginia has an exception for railroad employees. But most states follow the modified comparative negligence rule.
Another common defense is contributory negligence. Contributory negligence is when a negligent person contributes to an accident. Therefore, they cannot sue the other party for damages.
In the case of a car accident, a lawyer may argue that the plaintiff's injuries would have been less severe if the plaintiff had been wearing a seat belt. However, in many cases, such an argument is stronger when the accident involves a pedestrian.
If you have been injured in an accident, it is important to learn how your state's comparative negligence laws affect your chances of receiving compensation. It is always best to seek legal counsel from an experienced personal injury attorney before filing a claim.
Contact a Reliable Personal Injury Lawyer!
If you have suffered an injury due to someone else's negligence, you have the right to seek compensation for the medical bills, lost wages, and pain and suffering you experienced. This is where a personal injury lawyer can help. Using their experience, these attorneys can help you get the best possible outcome.
Don't worry if you feel overwhelmed; we are here to assist you. The attorneys at OUCH USA have years of expertise defending clients in hospital negligence and medical malpractice claims. Because we are familiar with the complexities of the personal injury system, we will fight to secure the maximum compensation for you. Send us an email at hello@ouchusa.com or call +1-844-872-6824 to schedule a free consultation so we can start you on the road to recovery.