May 2010 Personal Injury Lawyer Cleveland


An injury legal matter happens wherever an individual has undergone some kind of personal injury, whether physical or psychological, as the result of an accident. Most personal injuries are grouped under the category of a tort.

A tort is a civil wrong, that gives rise to a lawsuit, independent of a contract. When someone fails to fulfill his/her duty to other people, a tort has been committed; a tort occurs when someone deliberately or through recklessness triggers harm or loss to another man or woman or his or her property. The 4 elements present in a tort case are: 1) the existence of a legal duty owed by someone to others; 2) the breach of the duty by one person; 3) the breach of the duty being the “proximate cause” of damages suffered by someone; 4) damages incurred by an individual. A successful tort lawsuit will contain all of these elements. Automobile mishaps, medical malpractice claims, slip and fall lawsuits, and asbestos exposure are all kinds of tort actions. Individuals injured by a tort are eligible to recover for loss of earnings capacity, pain and suffering, medical expenses, and – in some instances – punitive damages.

An intentional tort is one that takes place because of an intentional or deliberate action by the tortfeasor. Generally, to win in a tort cause of action, the plaintiff must establish that the person that caused the harm acted with substantial certainty that the harm would come about. While the intent to harm someone is not needed, the party that caused the injury must have been aware that his/her behavior would lead to a particular injurious outcome. Good examples of intentional torts include assault, battery, false imprisonment, intentional infliction of emotional distress, and trespass.

Negligent torts are the most frequent sort of tort actions; negligent torts are not deliberate, but develop when somebody fails to act as a reasonable person to somebody he/she owes a duty to, leading to an injuries. The aspects of negligence are: An individual owes a duty to the injured party; he/she breached that duty; an injury occurs because of that violation; and the injuries was reasonably foreseeable as a result of the person’s actions. To triumph in a negligence action, the injured party must show these aspects by a preponderance of the evidence. Negligence can be summed up as one’s failure to utilize reasonable care. Examples of negligent tort actions include car incidents, slip and fall accidents, and most medical malpractice scenarios.

Aside from failing to meet the elements of negligence, not all incidents result in compensable injuries. If a tragedy cannot be avoided even if reasonable care is used, then negligence cannot be proved – as an example, if a driver has an unexpected seizure and causes an accident, negligence cannot be proved unless the driver had reason to expect the seizure. Acts of God also fall under cases in which negligence cannot be proven.

Strict liability is a legal term of art in tort law that can make a person responsible for the loss caused by their actions regardless of fault or intent. The aspects of a strict liability case are similar to the elements of a negligent tort (duty, breach, and personal injury) except that in a strict liability case, the injured party doesn’t need to prove negligence. It doesn’t matter what sort of measures the defendant takes, or if the defendant had good faith intentions. Strict liability is typical in activities that are inherently dangerous, such as demolition projects, scenarios where animals are involved (dog bites), storing explosives, or using hazardous materials. Needless to say, the most typical strict liability instances pertain to defectively manufactured products or drugs. In such cases, purchasers of the product, as well as injured guests, bystanders, and others with no direct relationship with the product may sue for damages caused by the product, irrespective of the manufacturer’s intention.

Consulting with a local Baltimore injury lawyer may be your best chance receive the compensation that you are entitled for injuries you may have sustained as a result of another person’s wrongdoing.