If someone is hurt without being at blame, they have the option of taking legal action or submitting insurance claims. The lawsuit or insurance claim will be determined by the injuries received. There are two possibilities in this case: intentional torts and negligence torts.
A tort is an action that impairs a person’s safety, security, or liberty as a result of another person’s wrongful conduct. Here explores both negligence and intentional torts.
Hiring an experienced injury lawyer can assist you in pursuing the compensation you are due if someone’s deliberate actions or careless negligence caused you harm.
Negligence
Negligence is defined as when a person fails to take precautions to prevent foreseeable injuries to another person. The concept of negligence is based on the idea that people have a duty to act reasonably to avoid harming others.
For example, if you are driving a car, you have a duty to drive safely and not negligently cause an accident that injures another person. If you do cause an accident, the injured person can sue you for negligence.
Negligence torts are due to four basic elements, which are:
- Duty of Care – We all have a legal obligation to act in a reasonable manner in a particular situation to prevent any injuries to others.
- Breach of Duty – It is a violation of that duty which has been imposed on an individual. For example, if a driver disobeys traffic rules and causes an accident, it is a breach of duty.
- Causation – The breach of duty must have been the cause of the injury.
- Damages – The plaintiff (injured person) must have suffered some form of quantifiable harm, such as loss of earnings, medical expenses, and pain and suffering.
Proving negligence can be challenging, as it requires proving that the defendant (person being sued) owed a duty of care to the plaintiff, breached that duty, and caused the plaintiff’s injuries. This can be difficult to do, as it often requires eyewitness testimony and evidence that the defendant violated a safety rule or acted negligently.
Negligence cases can also be complex, as there may be several defendants involved in an accident. For example, if a car crashes into a tree, the driver of the car may be negligent, but the manufacturer of the car may also be liable if it is found that the car was defective.
A Philadelphia personal injury lawyer can help you determine if you have a negligence case and, if so, who may be liable for your injuries.
Intentional Torts
Intentional torts are different from negligence torts in that the actor intends to cause harm. There are several different types of intentional torts, but the most common one is assault. Assault occurs when one person intentionally puts another person in fear of imminent physical harm. For example, if someone comes up to you and threatens you with physical violence,
Unlike negligence, intentional torts do not require any proof of duty or breach of duty. Instead, the focus is on whether or not the defendant had the intent to harm the plaintiff. For example, in a case of assault, the defendant may argue that they did not intend to cause harm, but were only joking or playing around.
Intentional torts can also be complex, as there may be several defendants involved in an accident. For example, if a group of people attack someone, each person involved in the attack may be liable for the victim’s injuries.
Defenses
There are two types of defenses to an intentional tort. The first is that the defendant was defending himself or another third person. The second is that the defendant acted on behalf of the plaintiff’s consent, for example, when the defendant opened the house with permission from the plaintiff.
If you or family members have been victims of injuries and are unsure which legal actions would apply in your case, you should consult an experienced Injury Lawyers in Philadelphia at The Law Offices of Greg Prosmushkin. P.C. They may help you with the lawsuit you may want to file.
