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Tomeny Law Firm

Personal Injury

Personal Injury is defined as an injury not to property, but to the body, mind, or emotions. The injury must have been caused by the negligence or misconduct of another party for a lawsuit or personal injury claim to be feasible. The most common type of personal injury is a road accident in some type of automobile. More often than not, if the driver at fault was negligent or breaking traffic laws, the injured party hit by the said driver would be eligible for compensation.

Personal injury law is also known as “tort” law because in tort cases, the main goal is to collect damages to recover from lost income, pain and suffering, and to reimburse any medical expenses that the victim has incurred as a result of the injury.  There are 3 different kinds of torts: intentional, negligent, and strict liability. Attorneys' first step in evaluating a case usually is to determine what type of tort the case is.

Intentional torts are caused by someone else’s clear intention to harm. Negligent torts occur when someone is “careless” or when that person fails to do what a reasonable person would do given a certain set of circumstances. Negligence can include failure to dry a wet floor and/or put a wet floor sign to display caution when approaching the area. Strict liability means that the injuring party is held responsible whether or not negligence or intention was involved. It holds designers and manufacturers strictly liable for injuries from faulty or defective products. Rather than establishing negligence of the manufacturer, strict liability cases require a showing that the product was built in a manner that made it unreasonably dangerous when used as intended.

There are many types of personal injury case types. They include but are not limited to:

Many people fail to realize the importance of having proper legal representation during a personal injury claim. An experienced attorney can help you understand your legal rights and help you receive the compensation you deserve! If you feel that you have suffered a personal injury and would like to talk to someone about it, call us for a free consultation at (888) 483-8842!