Personal injury is the legal term given to the branch of tort law that deals with the wrong or damage done to another in his person, property, rights, or reputation. The purpose of personal injury law is to protect the rights and compensate victims for damages from responsible or liable parties whose negligence and/or wrongful acts result in the injuries sustained.
There are many things that need to be considered in determining a personal injury claims’ worth, which can include among other things, the extent of the injuries suffered by the victim during the accident, the hospital and medical bills, loss of income or work, pain and suffering. Although, personal injury law allows a person to receive damages for any injuries sustained due to someone else’s negligence, it does not include injuries suffered from a breach of contract where someone willingly makes an agreement defining a relationship with him or her. In general, torts are expectations for behavior that are obligatory to the whole of society.
Torts are classified into many different types, including negligence, trespass, products liability, assault, battery, nuisance and intentional emotional suffering. When a tort is intentional, it is a behavior that may cause harm to someone else, but the person still chooses to do it anyway, in this case the victim may be entitled to punitive damages as well as compensatory damages.
Compensatory damages allow a victim to recover damages from an injury which may not only include compensation for medical bills, lost wages and other damages, but may also include compensation for possible future earnings and pain and suffering. On the other hand, punitive damages are awarded to the injured party as a punishment to the liable party and usually more than the actual damages caused by the liable party.
There are generally three types of defenses that exist for torts: volenti non fit injuria, contributory negligence, and ex turpi causa non oritur actio. Volenti non fit injuria means to the willing, no injury is done. If in your own free you allowed the peril of injury, either inevitably or intentionally, if you sustain any injury you consent to responsibility.
In some states, contributory negligence is an absolute defense that can prevent a plaintiff from recovering any compensation for their injuries should they were at fault in any degree for their own damages. Comparative negligence is comparable to contributory negligence. Comparative negligence is where both parties are partially responsible for the accident; thus, reducing the amount of money owed by the defendant while the plaintiff will be responsible for the remaining fraction of the damages.
The final defense for torts is ex turpi causa non oritur action, which means “no right of action arises from a despicable cause.” The defendant may not be liable for the damages should the plaintiff suffered injuries while behaving unlawfully.