Personal Injury FAQs

What is a tort?

A tort is a civil wrong, other than a breach of contract, which the law will redress by an award of damages. Torts usually involve personal injury, property damage or malpractice. Torts fall into three general categories: intentional torts; negligent torts: and strict liability torts. The majority of torts are tried in civil court.

What is a personal injury?

A personal injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. Sometimes personal injury may be referred to as bodily injury.

What is medical malpractice?

Medical malpractice is a negligent or careless act by a doctor, hospital, or other health care provider. It is the breach of the accepted standard of care that is recognized by other providers who are practicing with similar training in the same field of medicine. It can result from a failure to act or from acting improperly.

What is my employer’s liability for my personal injury?

When personal injury is caused to an employee by accident or occupational disease, arising out of and in the course of his or her employment, the employee shall receive compensation from his or her employer if the employee was not willfully negligent at the time of receiving the injury.

What is wrongful death?

When a death is caused by the misconduct of another person or company it is called a wrongful death. The misconduct can range from an act of momentary negligence or carelessness to an intentional or reckless act. It can be the act of a single person or of a corporation.

What happens if I file a personal injury lawsuit?

If you file a personal injury lawsuit you become the plaintiff in the case and the person or company who injured you becomes the defendant. Attorneys for the plaintiff and the defendant begin gathering facts through the exchange of documents, written questions or depositions. This process is called discovery. Sometimes the case will go to trial and at other times will be settled before trial.

What damages can I claim in a personal injury lawsuit?

Personal injury victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following: medical bills, lost wages, pain and suffering, emotional trauma, mental anguish and property damage.