The Essentials of Personal Injury Lawsuits

You are a victim of personal injury if you have suffered emotional or physical damages as a result of the negligence of another person or entity. There are several categories of personal injury in regards to personal injury law, and each category falls under a tort, or tort law. A tort occurs when a person purposely or carelessly causes harm to another person or to his or her property. Some of the most common personal injuries fall under intentional and negligence torts. Intentional torts occur when the person who causes injury does so purposely and with ill intent on the victim. Examples of these types of torts include assault, battery, or false imprisonment. Negligence torts occur when the person who causes injury does not intentionally intend harm upon the victim, but due to his or her carelessness.  Examples of negligence torts include car accidents and medical malpractice. There are endless types of personal injuries that fall under intentional and negligence torts. Some of the most common physical personal injuries occur due to auto accidents, birth defects, medical malpractice, dog bites, and illnesses that occur due to environmental factors, such as toxic mold or lead poisoning. These types of injuries are typically easier to prove fault than emotional injuries. Emotional injuries are more difficult to handle. Proving the intentional infliction of emotional stress can be complicated; several factors must be present and proved by the victim in such cases. The victim must prove that the defendant’s actions were made with harmful intentions, that the actions were extremely outrageous or uncivilized, and that the victim experienced extreme emotional distress as a direct result of the defendant’s actions. An example of such an injury would be witnessing a death or being the victim of extreme threats. Ultimately, if you have suffered any type of physical or emotional injury caused by the actions or carelessness of another, your injury would fall under personal injury law. There are many torts involved in personal injury law, and if you are a victim, you should understand which tort your personal injury falls under. To learn more about personal injury lawsuits and your legal rights, it is important to speak with our personal injury attorneys in Brooklyn, New York.