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When to Bring a Personal Injury Case in Court

04th October 2011
By ethanrehman in Personal Injury
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Personal injury or tort law is a widely executed law in most countries in the world. This is designed to protect citizens’ right to claim when others negligently or intentionally injured them or their property. The law restricts a person from causing harmful contact to another person in as simple as a practical joke. The one who obtained damages from the situation can win the case and have the perpetrator pay. Normally, monetary payment for the damages is required, and in worse cases, the perpetrator can be jailed.

There are three categories of ground for personal injury claim – negligence, strict liability, and intentional wrongs. Previously, negligence is the main ground for personal injury claim, although until today, many still pursue law suits in court for this reason. This occurs when a person unintentionally caused harm to someone. Road accidents are its simplest and most common form. A person who had his/her car hit by another accidentally can file for a lawsuit against the perpetrator.

In other words, negligence is caused by someone’s failure to exercise reasonable care leading to the physical, emotional, and social injury of others. Most states in the US such as Utah have many personal injury attorneys representing plaintiffs and perpetrators of personal injuries in courts. And road accidents are among the most common cases they handle.

Strict liability is now a popular ground for personal injury claim. This law holds a manufacturer liable of any damage to their customers from the use of their products. Traditionally, this has not been given much attention by court as cases happen rarely. Utah personal injury attorneys win the case for their clients when they prove in court that the product was manufactured in a way it can be harmful to consumers or users.

Intentional wrongs, even if they are rarer than the first two grounds, are covered by the tort law. Assaults and battery are the best examples of this ground. Although almost synonymous, assault is different from battery in that battery can be caused by as small practical joke that molested the dignity of a person. Most Utah personal injury attorneys regard assault as a full intentional harm to others.

Any tort case is given proper civil proceeding in court when a victim files a law suit. Utah personal injury attorneys bring these cases against the defendant however separately from any criminal charges brought by the government against the same individual.
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