Personal Injury Law: Torts and Negligent Acts

Torts and cases of negligence are the two main categories in personal injury law. Torts or intentional acts are malicious acts that cause physical or psychological damage as well as property loss to victims.

Some common intentional acts are child abuse, battery and assault, and character defamation. Many of these acts are considered criminal in nature and claims can be based on the intentional, malicious behavior of the criminal. On the other hand, cases of negligence can cover a wide variety of scenarios such as automobile accidents, work-related injuries, medical mistakes, and even product defects. In cases of negligence, the act was unintentional but the carelessness or apathy of the person or institution caused harm to the other party.

In cases of negligence, the injured person (or plaintiff) needs to establish four points: first, the defendant (the person accused of the negligent act) had some responsibility over the plaintiff’s well-being. Second, the defendant breached his/her responsibility. Third, the plaintiff suffered from loss or injury. Fourth, the injury was a result of the breach of responsibility and reparation need to be granted.

Duty of care needs to be proven by the plaintiff for the negligent claim to make it valid. The plaintiff must establish a direct relationship between them and the defendant and that the defendant was responsible for maintaining this duty. If a doctor prescribed medicine to a pregnant woman but failed to inform her that the medicine could harm her unborn child, that negligent act can be the basis for the claim. In such a scenario, a plaintiff should hire an experienced Oakland medical malpractice attorney to handle the case and sue for damages.

Plaintiffs should hire an experienced Oakland injury lawyer to handle the case. The lawyer should specialize in that personal injury category (such as malpractice or worker’s compensation) and be knowledgeable about the various state laws regarding personal injury. A good lawyer will fight for fair compensation, even if defendants deny responsibility or if insurance companies offer a smaller settlement than what the plaintiff is entitled to.

A plaintiff should look into an Oakland injury lawyer’s previous cases to see if the lawyer has a proven track record of winning cases. Even if a plaintiff chooses to settle damages out of court, they need a lawyer with extensive experience to get a fair monetary restitution (or payment) for the injuries inflicted.