Personal injury law, also called “tort law,” is a system that protects individuals who have been harmed because of the actions or inactions of another. The injured or harmed person, or the plaintiff, can file a civil lawsuit holding the at-fault party, or defendant, liable and seek “damages,” or compensation, for the harm done to them.
The concept of personal injury law stems back to ancient times when “eye for an eye” laws sought equal punishment for the harm done. Over the eons, personal injury law has evolved with society and legislative processes and continues to assign responsibility, through compensation, for individuals who hurt others. Today, someone who is harmed because of someone else’s negligence can seek damages through a personal injury lawsuit.
What Are Damages?
Damages is the legal term for the financial compensation awarded in a personal injury lawsuit. There are three types of damages in personal injury law: economic, noneconomic, and punitive.
Economic damages are the quantifiable losses the victim has sustained as a result of the incident. Financial costs, medical expenses, personal property damages, and lost wages.
Noneconomic damages are often referred to as pain and suffering damages. These are less quantifiable damages such as physical pain and suffering, mental anguish, loss of enjoyment of life, disability, and loss of companionship. Valuing noneconomic damages will rely on factors and calculations based on circumstances and severity.
Punitive damages are typically only awarded in instances of the most egregious behavior to punish the defendant and send a clear message to others not to engage in the same behavior.
Personal Injury and the Concept of Negligence
An accident isn’t always cause for a personal injury claim. In most personal injury cases, a victim must prove that the defendant acted negligently and that the negligent action caused their injuries or other harm.
As a legal concept, negligence has four distinct “elements,” and each must be proven in a successful claim. These elements are:
- Duty of care – The defendant must have owed the plaintiff a duty of care, meaning that they were responsible for acting in a reasonably safe manner. Duty of care also requires that the defendant should have reasonably been able to see that their actions could potentially harm others.
- Breach of duty – It must be proven that the defendant’s actions breached that duty to exercise care.
- Cause – The injured victim must also establish a clear connection between the defendant’s actions and their injuries, proving that their injuries were a direct result of the defendant’s behavior.
- Damages – There must have been damages suffered as the result of the accident or incident.
Although most personal injury cases require proof of negligence, some do not. These include:
- Intentional actions, such as assault or homicide
- Negligence per se, when the defendant harmed or injured the victim while breaking a law
- Strict liability, when a defendant is inherently liable regardless of intention, such as in cases involving dangerous actions or harmful products
Because negligence can be challenging to prove, it is important to get the assistance of an experienced Allentown, PA, personal injury attorney as soon as possible after a serious accident.
Personal Injury Law and the Burden of Proof
Further complicating a personal injury claim is the victim’s burden of proof.
In a civil case, the plaintiff must prove, based on a “preponderance of evidence,” that the defendant was responsible for their injuries or harm. The preponderance of evidence threshold means that it was more than 50 percent likely that the defendant was the cause of the accident and resulting injuries.
While this is a lower threshold than a criminal case, it is also complicated. The injured victim must prove their version of the accident, but the defendant can offer an entirely different version that may cause a judge or jury to doubt some of the plaintiff’s story. This can make a personal injury lawsuit particularly complex.
Let Our Allentown, PA Personal Injury Attorneys Help
If you suffered harm because of the actions of another person, you may be entitled to compensation under Pennsylvania’s personal injury laws. At Saffren & Weinberg, our experienced Allentown, PA, personal injury lawyers have dedicated our careers to helping victims get fairly compensated for the harm done to them. Call us at (215) 576-0100 or contact us through our website contact form to schedule a no-cost consultation to discuss your case
This website is designed to provide only general information. The information presented on this website is not formal legal advice. You should not rely on any general information from any source for making legal decisions. Each legal matter is unique and requires specific attention from a qualified and experienced attorney. Unless a representation agreement has been signed with Saffren & Weinberg, we are not your legal representatives.