Personal Injuries - Negligence or Tort Law?

         If you have suffered an injury and you think another person caused it negligently or intentionally, you may have a cause of action called tort.

         Tort negligence occurs when the person who causes you to suffer a loss fails to exercise a reasonable amount of care under the circumstances.  Every person owes others a duty of ordinary care under the circumstances.

         A tort is the action (or in some cases, inaction) of another which injures you or damages your property, and which was the result of the negligence or the intentional misconduct of the person who committed it.

         In order to recover you must show that the other person's actions (negligence) where the proximate cause of your injuries.  You can only recover money damages for those injuries in the form of compensation for pain, suffering, and inconvenience; lost wages; and impairment to your ability to labor and earn money.  The damages would those in the past and what you are reasonably likely to incur in the future.

         For example, suppose you are driving home from work one day when a car fails to stop for a stop sign and strikes your vehicle broadside.  The driver of the other car had a duty to yield the right of way to you.  In doing so, he committed a tort of negligence, and you can file suit for the damages you suffered because of that negligence.

         Some examples of personal injury lawsuits are:

                                                               i.      Automobile accidents

                                                              ii.      Slip and falls at stores or neighbors

                                                            iii.      Dog bites of attacks

                                                            iv.      Defective products

                                                              v.      Etc....