The personal injury law sees torts as legal reasons (referred to as “grounds”) to litigate the offender so as the victim can recover for the losses that were caused by the injury. This includes all the future expected losses on top of the actual losses at the present like:
- Medical expenses
- Property damages
- Pain and suffering
- Lost earning capacity
- Loss of companionship or consortium
- Emotional distress
- Attorney fees or legal costs
It must be noted that although monetary compensation is involved, this is a very superficial reason to hiring a personal injury attorney. What the personal injury law is trying to achieve is to make the injured party, or the victim, whole again. This also serves as a warning to others to not commit the same offense.
Another worth noting is that the personal injury law uses liability as the key factor. This “liability” is determined only by exhibiting that the individual who caused the injury did so due to failure of exercising reasonable care. It must also be shown that the said failure could certainly result to personal injury that has happened to the affected person. For instance, driving under the influence of liquor is known to result to accident. Therefore, the driver did not exercise reasonable care and instead continued on driving. If he has caused injury to another person, he, therefore, has a clear liability.
Defenses to Liability Claims
It will not be easy to exhibit liability because the person in question has all the right for defense. He might asset assumption of the risk if the injured person knew that the activity leading to injury was dangerous. Therefore, the injured party is responsible for joining in that activity and therefore also liable for his own injury and not the other way around.
Other defenses could also be used like the pre-existing condition and intervening causes. The point is, the other party will do everything in his power to protect his interests. That’s why having a personal injury attorney in this process is a must both for the injured person and the person in question.