How Does Negligence Influence Personal Injury Suits?

Personal Injury Torts

Personal injury lawsuits are torts filed by a plaintiff, or complainant, who has suffered real injuries as the result of intentional activity of another. The plaintiff must prove that his injuries are the result of actions by the defendant, or respondent who the person charged in the lawsuit. Personal injury lawsuits are generally filed only after the plaintiff has demanded compensation that the defendant has not agreed to or that the defendant has denied responsibility for. Criminal law that punishes the offender, often by incarceration or fines to be paid to the state in punitive or retributive justice. Tort law has compensation of the victim as its objective; it is compensatory or remedial justice.

Most personal injury suits are based on negligence. It is the plaintiff's task to prove that the responsibility for injury is the defendant's. This is done by presenting the facts of the event and bringing evidence that the defendant did not take care for or did something for which she was not qualified or in some other way was intentionally negligent, causing injury to the plaintiff as a result. The plaintiff must be able to present evidence of real injury, not just psychological discomfort. The connection of negligence to the defendant must be direct and personal, not an assertion that an injury was the ultimate responsibility of a defendant who was not present or did not have a direct involvement in the incident. Negligence is the most common basis for personal injury suits arising from traffic incidents, personal altercations and fights, crimes against property, malpractice and wrongful death suits. Torts based on negligence make up the biggest percentage of personal injury suits. Awards are based not only on the amount of damages but also on the degree of negligence and actual involvement of the defendant.

A growing number of personal injury lawsuits are based on strict liability or intentional wrongs. Both must involve real injury and be proven with evidence that conclusively links the defendant to the injury or wrong. Strict liability is used in cases of defective products or foods or in cases where a defendant intentionally did something, such as avoid shoveling his walk, which caused injury to another. A suit charging intentional wrongs is generally brought following a criminal trial, seeking compensation for a wrong committed by the defendant. The lower burden (the damage probably occurred) of proof in the civil action makes it possible for a wronged party to collect damages even if the higher burden (beyond a reasonable doubt) has not been met. An intentional wrong suit is generally not filed until a criminal trial concerning the incident has been completed, since victim compensation may be included in the disposition of a successful criminal prosecution.