Personal Injury is the legal specialty which obtains compensation for injured persons and their families for the negligent, careless or intentional conduct of others. It deals with any factual situation where a person or persons causes injury or damage to another person.
An injury may occur in a number of ways, including an auto, truck or motorcycle crash, an aircraft or ship incident, a slip and fall, a defective drug or pharmaceutical, a defective product, medical or legal malpractice, nursing home malpractice or abuse, a workplace or construction incident, consumer fraud or a wrongful denial of insurance benefits.
The injury caused by the negligent or intentional conduct can be physical, such as broken bones and fractured bones, or it can be emotional, such as severe emotional distress or post-traumatic stress disorder, or it can be financial, such as fraud and deceit.
Most persons are familiar with the concept of negligence. Someone is negligent when their conduct is unreasonable. In other words, conduct which is below community standards of care and expectations. For example, it is reasonable to stop your vehicle for a stop sign. But it is unreasonable to not stop and drive past the stop sign. It is reasonable to keep your property in a safe condition. And it is unreasonable to leave a banana peel where someone might step on it and slip. It is reasonable for your vehicle to be designed and built to protect you and your family in an accident. It is unreasonable for the vehicle to permit you and your family to be injured because of deficient design.
The concepts of negligence and reasonableness can be applied to many facts which cause injury and damage.
Intentional conduct is less common than negligence. But it can be equally devastating. Conduct is considered intentional when someone does something to cause harm or increase the possibility of harm with knowledge that harm will occur. In other words, when a person intends to hurt another, and does in fact hurt that person, then that conduct will be deemed intentional.
The significant differences between negligent and intentional conduct are the degree of proof required in court and the calculation of damages.
The analysis of whether conduct is negligent or intentional requires a review of all the facts by an experienced personal injury lawyer.
If you or a loved one have been injured by negligence and carelessness, you may be entitled to compensation. Please contact us now at the Carson Law Firm for a free consultation.