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Personal Injury

Personal Injury is based on torts.  A tort is defined as a wrongful injury to a person or his or her property. Tort law is a complex umbrella of laws designed to prevent harm or compensate for harm to a person or property.  There are many different kinds of torts. Physically injuring someone is a tort, as is damaging a person's property or character and wrongly denying someone his or her liberty. The injured persons should be compensated by those responsible for their injuries. A victim of a tort has the right to sue the person committing the tort for damages. 

Torts and crimes are separate in the law. A tort is a civil wrong against an individual, a crime is a wrong against society or the state and is punishable by incarceration or a fine. Some acts can be both a tort and a crime.  A person could be prosecuted and convicted of the crime of battery, and also face a civil lawsuit brought by the victim. 

Some examples of torts include:  Aviation Disasters, Vehicle Accidents, Professional Malpractice, Major Accidents, Worker's Compensation, Nursing Home Abuse, Product Liability and Wrongful Death.

Among the types of recoverable damages are: loss of earnings capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses. 

There are limits on the time period in which a lawsuit can be filed. Example: A lawsuit based on negligence must be filed within two years from the time the cause of action arose. If a person fails to file a lawsuit within the time period prescribed by the statute of limitations, the person loses the right to file that lawsuit.

If you have been injured, you should:

• Seek Medical Care Immediately

• File a police report, if necessary

• Make a list of any/all witnesses present

• Take Photographs of your injuries

• Take photographs of where the injury occurred

• Contact a personal injury lawyer BEFORE you speak with Insurance adjusters or signing ANY documents.

If you have any questions concerning personal injury law or need legal representation,  please contact me.

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