Personal Injury Elements

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Elements of Personal Injury

Personal injury law deals with civil law liability of actions which causes physical injury or loss of property to another. Personal injury can be divided into three types of claims: intentional torts, negligence, and strict liability.

Intentional Tort

Each of these elements must be present in order for you to recover for an intentional tort. Intentional torts are actions which are harmful and done with either purpose or knowledge. Note that “harm” in law covers damage to property as well as damages to persons. Intentional torts cover assault, battery, trespass, and false imprisonment.

Negligence

Each of these elements must be present in order for you to recover on a negligence claim. Negligence includes malpractice (medical as well as others) and most types of vehicle accidents.

Strict Liability

Each of these elements must be present for you to recover in a strict liability case. Strict liability means that the owner or manufacturer is automatically responsible for accidents which occur because of the activity or product, regardless of the owner or manufacturer’s intentions or carefulness. 

Do You Need a Lawyer?

If you or a loved one have been injured, you should speak to an experienced personal injury attorney immediately to learn more about preserving your rights and remedies.

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Last Modified: 02-11-2014 12:29 PM PST

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