Personal Injury Lawsuits and the Basics of Tort Laws

If a person suffers injury due to the negligent or reckless actions of another individual, he or she may be able to pursue legal action against the party responsible. While accidental injuries are common occurrences in daily life, people have a reasonable expectation of protection against injury, especially when they visit another person's property.

Personal injury cases typically involve injuries caused by negligence or recklessness and are considered to be part of “tort law”. Tort laws are non-criminal lawsuits that usually address wrongs that stem from a breach of contractual obligations and can include intentional or unintentional actions. Tort law is often used to address injuries committed by organizations, groups, or individuals against another person.

The Chicago personal injury lawyers of Friedman & Bonebrake, P.C. would like to bring you the following information to help explain the basics of tort laws and how they apply to personal injury cases.

Basic Types of Torts

Torts are usually divided up into different categories and are often separated by intentional actions and unintentional or negligent actions. Common tort categories include:

• Negligence torts
• Nuisance torts
• Statutory torts
• Intentional torts
• Economic torts

Personal injury cases usually rely on proving that the accused individual or organization behaved in a negligent manner or failed to behave in a manner consistent with the normal expectations of society. There are four basic elements to a personal injury case and they all must be present for a jury or judge to rule in favor of the plaintiff.

Elements of a Tort

In order for a personal injury case to be effective, the four elements of a tort must be present. The elements include:

• Duty
• Breach of duty
• Injury
• Cause of Injury

Although the concept seems simple at first, it is essential to prove that the four elements are present in order to prove your case. The prosecution will usually have to prove that the individual or organization had a duty to the individual. Examples of duty may include a responsibility to operate a motor vehicle in the correct manner or provide a hazard free environment for guests and patrons.

In addition to proving that the accused party had a duty to the plaintiff, the prosecution will also have to prove that the outlined duty was breached in some manner. In the case of a car accident, the established duty may have been to obey the speed limit or drive in a responsible manner, and the prosecution may be able to show breach of that duty by proving that the individual was speeding at the time of the accident.

Following the points of duty and breach of duty, the element of injury must be introduced in the case. The final two elements require that the prosecution show that an injury occurred and that the injury was caused by the accident. The person's injury should be a result of the accused individual's actions and if a connection to the accident cannot be proved, the case will usually be dismissed.

What is an Injury?

When most people think of the term injury, they assume that it refers to damage to a person's health and personal well-being. While physical injuries are often an important element of personal injury cases, U.S law also recognizes that injuries can be intangible. Because of this, persons can usually pursue compensation for non-physical damages including:

• Financial loss
• Future wages
• Spousal/emotional support
• Pain
• Suffering
• Emotional and mental trauma

The broader definition of injury (as it is applied in tort law) allows for injured parties to be compensated for more than just the physical pain they suffer in the accident. It is important to pay attention to the financial restrictions that some states have placed on intangible damages and contact the experienced Chicago personal injury lawyers from Friedman & Bonebrake, P.C. at 312-466-8200 if you have questions about a specific case.