By: Jason Maxwell
Submitted: 2010-11-04 02:00:29 | Word Count: 469
One of the broadest subjects of civil law is personal injury. This can encompass individuals to big companies. In the law's view, an injury is different to what a medical doctor might think. Personal injury lawsuits can be divided into cases of negligence and intentional acts.
Negligence is the term used when the individual who is the source of harm did not mean to cause the injury yet was not careful with the wellbeing of other individuals. Examples for such case are a driver in a vehicular accident or a doctor of a patient who dies pointlessly. In order to get the upper hand in a negligence suit, the plaintiff must explain that the defendant has a responsibility to exercise sensible care, that the defendant ignored that duty, that the injury was caused by this violation of his duty, and that the injury could have been prevented had the duty not been breached.
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In the situation of a vehicular accident, the driver of the car has a duty to passengers, pedestrians, and other motorists to drive safely. It can be foreseen that errors made while operating a vehicle, if not careful, can have the consequence of accidents which may harm others. Consequently, a person that was harmed in this accident has a right to accuse the driver of negligence and coerce him to pay for the damages caused.
Vehicular accidents, slip-and-fall mishaps due to faulty design or improper maintenance, and medical/dental malpractice suits are some common negligence examples.
The term used for cases where the individual intended to commit a wrongful act and, thus, caused harm to another is intentional tort. Most commonly, it will not matter if the harm was intended, or if the harm done is far more serious than originally intended.
In the eyes of the law, it is close to impossible to get compensation from the individual who made the assault because insurance doesnt cover those. Nevertheless, some injuries are the effects of the actions of multiple parties or more than one cause of action may come from the same act. Take the case of a child day care services, they have a duty to afford sufficient supervision of its surroundings to ensure that the kids are out of harm's way, which includes keeping them away from the likely wrongful acts of outsiders. Thus, if child molestation occurs, the act itself is considered an intentional tort. Nonetheless, if the daycare center allowed the outsider to enter the site or did not thoroughly screen their employees and a child happened to be molested, they are guilty of negligence.
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