Have you ever been in an accident caused by someone else’s negligence, or do you know someone who has? For example, imagine slipping and falling on a hotel’s tile floor after an employee had just mopped it and there were no warning signs posted. Many people believe they are powerless in these cases and that they must pay for all subsequent medical costs out of pocket. Fortunately, since these types of events are fairly common in the United States, there is a statute in place to cover you and your property in the event that you or your property are harmed or harm as a result of someone else’s behaviour or failure to act. This is known as tort law, or personal injury law. You may find more details about this at Daniella Levi & Associates, P.C.
In any tort lawsuit, there are two key issues to consider. It all comes down to fault and penalties, whether the case includes intentional negligence or strict liability. Is the defendant still liable for the losses you’ve suffered, and if so, what are the amounts you’ve been awarded? If the plaintiff’s counsel may establish the validity of these two fundamental issues in the case—liability and damages—our legal system can compel the defendant to pay for those injuries.
Is it possible for you to sue for your damages under personal injury law?
When considering the case for trial, the most important factor to consider is liability. One must be able to demonstrate that damage or disability occurred as a result of a failure to exercise proper care. Assume you were involved in a slip and fall accident on a hotel’s tile floor, and you were hospitalised as a result of the accident. However, there was a sign warning people to proceed with caution because the floors were wet. Since the individual who is liable has limited their responsibility, you have almost no case. You would have a much stronger argument if there had been no posted alert. However, the defendant can contend that the plaintiff bears full liability because of the “assumption of risk.”