Personal Injury

Generally speaking, personal injury litigation can be divided into two categories, those involving negligence and those involving intentional acts (“torts”).

In negligence cases, the person who caused the injury did not intend to do it, however he or she was careless with regard to the safety of others. For example, most cases involving injury due to a motor vehicle accident arise from a driver being “negligent.” To prevail in a negligence case, the injured party must demonstrate that the defendant violated his duty to exercise reasonable care, and that the injuries resulted from a failure to carry out this duty. In addition to automobile accidents, other typical types of negligence cases may involve “slip and fall” accidents, which are the result of poor design or maintenance of a facility or structure, or incidents of medical malpractice.

Intentional tort cases arise from incidents in which an individual intended to commit an act which resulted in an injury. Legally speaking, it can be a challenge to obtain compensation from an individual who has intentionally committed a wrongful act, in that most insurance policies exclude injuries resulting from intentionally wrongful acts. In some cases, however, injuries are the result of the acts of a third party or of multiple parties. For instance, if a child were harmed by an employee at a day care center, it could be demonstrated that the operators of the day care center did not adequately screen their employees and were therefore liable for the injury. Intentional tort cases often involve assault, injury to a child, or defamation of character.

When an individual is injured at work, the only legal action that may be available is to bring a workers’ compensation claim against the employer. However, depending upon the circumstances, the injured person may also be able to take action against a third party, e.g. a company who manufactured unsafe machinery, the owner of the premises (if different from the owner of the company), or another company, if an employee of that company caused the injury. If you have been injured, it is important that you contact an attorney to be sure that your rights are protected, and to ensure that you are properly and fairly compensated for your injury. Call the Terri Garcia Law Firm today at 281-741-3420.