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Since 1995, criminal defense lawyer Paul Looney litigated
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Personal injury law, also known as tort law, allows for the recovery of damages for serious injury or injuries caused by the responsible party’s intentional or careless actions. This includes physical or property damage. If you want to sue for something other than a contract breach, you are usually considering bringing a personal injury claim.
In order to understand the law surrounding personal injury cases, speak with an experienced personal injury lawyers Houston to help you evaluate your case.
Costs associated with a personal injury lawsuit usually include medical bills. This website is designed to help you understand the basics of common personal injury cases, so you can have some basic knowledge when you seek advice from personal injury attorney.
The following is a brief overview of common intentional torts resulting in personal injury:
Assault
The definition of assault is when someone threatens harm. The threat has to be believable and the person must threaten immediate harm you immediately, not sometime in the future. To recover for assault damages in court, you will have to show that the other person intended to “cause apprehension of harmful or offensive contact” and that you believed that would happen. Laws vary from state to state.
Battery
If someone intentionally causes harmful or offensive contact with you without your consent, they have likely committed a civil battery. The offensiveness of someone’s contact is determined based on if it would be offensive to a reasonable person under the circumstances.
False Imprisonment
To prove that someone falsely imprisoned you, you will need to show they confined you without your consent and that you were aware of the confinement. To prove false imprisonment, you need to show you were confined to a bounded area. Examples include a retail store restroom.
Intentional Emotional Distress
When someone does something “extreme and outrageous” to you that causes “severe and emotional distress,” you may have a claim for intentional infliction of emotional distress.
Strict Liability
This is when the person who caused your harm is liable for their actions regardless of their mental state or intent. There are three situations that you can choose to pursue strict liability instead of negligence: possession of certain animals, abnormally dangerous activities and strict products liability.
Animals
In some circumstances, if an animal hurts you, the animal’s owner can be liable for your injuries. The specifics of strict animal liability vary by state. Still, you can usually use strict liability in situations where someone owns a wild animal or a dangerous dog known to attack people. Learn more about animal bite liability law.
Abnormally Dangerous Activities
An abnormally dangerous activity is one that is not performed by a significant part of the community and presents a high risk of harm even when everyone involved is using reasonable care. Storing toxic chemicals and using explosives to break down rocks are common examples. The damage caused by these kinds of activities can be significant. Seek immediate medical care if abnormally dangerous activities harm you.
Product Liability
There are different theories of products liability you can use if you were harmed by a product, each of which has specific rules about you can be held liable. Strict liability is available when the product is defective. You will not need to prove that the manufacturer was careless or intended to create a defective product. Learn more about products liability law.
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