Personal Injury Law: Defining Basic Terms

The most common questions regarding personal injury law arise when victims are unable to interpret the basic terms related to such cases. Often, lawyers run through details with clients without explaining the meaning of terms and how they relate to the client’s particular case.

This article will explain three of the most frequently used, misused, and misunderstood terms regarding personal injury law: tort, strict liability, and negligence. If you fall victim to a serious injury, you should understand the basic terms before meeting with your lawyer; you will have a better grasp of the situation and your options.

A tort occurs when a person causes harm to another either intentionally or through careless behavior. Unless the damage occurs due to the breach of a contract, and if it meets four criteria, it is a tort. In order to be considered a tort, the actions must meet the following criteria: a lawful obligation is owed by a person to others; the obligation was violated or broken; the “proximate cause” of the damages incurred were due to the violation of the obligation; and a person suffered damages due to the violation. If the injury meets the four criteria, it falls under tort laws; most personal injuries fall under tort laws.

Strict liability essentially holds people responsible for damages regardless of intentions. In personal injury law, strict liability is relevant in injuries that occur due to the negligence or actions of another. For example, if a person causes an auto accident between two other cars, he is still liable for his actions—even if his car was not in the accident.

Negligence is determined by comparing a person’s actions to those of an “ordinary, reasonable person.” Typically a judge or jury will determine what is considered ordinary or reasonable and if a person’s actions fall under that category. In most personal injury cases, injuries are either caused intentionally or by the negligence of another.