Tort And Personal Injury

Personal injury is when some event causes a person to sustain injury in some form, be it psychological, emotional, or physical. Under tort law, people who cause injury through a civil wrongdoing, whether because of negligence or intent, are liable to pay for the injured person's damages. Thus, the law of the tort and personal injury go hand in hand. After a civil wrongdoing has taken place, causing injuries to a victim, the victim has a right to initiate a lawsuit against the offender. In this lawsuit, the victim will become the plaintiff, whilst the offender will become the defendant. In order for the plaintiff to recover damages, he will have to prove that the defendant was at fault, either by intent or by negligence, and furthermore that the defendant's actions were the cause of injuries. If this can be proved up to a preponderance of evidence, the plaintiff will recover compensatory damages, as well as punitive damages, if applicable.

Fast Facts

  • the personal injury settlement for traffic accidents averages at around $24,000
  • the person responsible for the tort is known as the tortfeasor

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