Overview of Ohio Personal Injury Law
Posted by
Scott SmithMarch 02, 2007 3:47 PMPersonal injury law covers a broad spectrum of issues when one has been physical or emotionally injured, and/or personal property has been damaged. In legal circles, personal injury law is also known as "tort" law, the French word for "wrong." Personal injury or "tort" law is the body of laws that allows one to be compensated in the even that someone's carelessness, recklessness or intentional misconduct injures or damages you or your personal belongings. Automobile accidents are classic examples of the types of events covered by tort law. If someone hits the back of your car while you are stopped at a red light, that person commits a tort, and is referred to as the "tortfeasor" (French word for "wrongdoer"). In America, that person is generally referred to as the "defendant" once a lawsuit is filed, and the person harmed is called a "plaintiff" or "claimant." State law usually governs personal injury lawsuits, but federal law may apply in certain circumstances. For example, an injury suffered on federal property may be covered by the Federal Tort Claims Act, or liability for injuries suffered in an airplane crash may be governed by international treaties. A claim for personal injury must be accompanied by an injury that can be compensated. In other words, one must prove an injury in order to seek monetary damages. For example, if you were to slip and fall due to someone else's fault or negligence, you could not recover damages if you were not injured in some way.
The law of personal injury is concerned with determining who may be responsible (who is "liable," or has "liability") for causing injury and how much the responsible party should be required to pay for any damages resulting from the injury. Personal injury law can be classified in the following three broad categories, or degrees of fault: negligence, intentional torts and strict liability torts. Each category is comprised of different types of legal wrongs (or "causes of action"), and indicated a different "standard of care" that may apply to a given incident.
In all matters involving a personal injury it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to file a lawsuit prior to the deadline imposed by the statute of limitations.
The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law.