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Sutton & Murphy
Legal Resources for Public Education
What is Personal Injury Law?
Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else's act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.
Click on the links below for more information on these particular subject area. Information provided by the American Bar Association
Personal Injury Claims
Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.
What is a typical personal injury case?
Is there any other basis for personal injury besides negligence?
What happens if I file a lawsuit?
What will I get if I win my case?
What does it mean to settle a case?
Will the person who caused my injury get punished?
Does a personal injury lawsuit have to be filed within a certain amount of time?
Negligence
Negligence is the basis for most personal injury lawsuits, from auto collisions to slips and falls.
If someone causes an accident and I am hurt, on what basis will that person be responsible (liable)?
What’s an example of negligence in a car accident?
Who decides whether someone is liable because of negligence?
I was in a car accident, but I think I can prove it was not completely my fault. Will this make a difference with regard to what damages ultimately are awarded?
I was injured when my automobile collided with a truck driven by a delivery person. Can I recover damages from the driver or the employer?
Medical Malpractice
Medical malpractice is negligence committed by a professional health care provider - a doctor, nurse, dentist, technician, hospital or hospital worker - whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients.
What do I do if I think I have a medical malpractice claim?
How does a jury determine if a doctor's actions were within the standards of good medical practice?
What if I'm just not satisfied with the results of my surgery? Do I have a malpractice case?
Personal Injur
Product Liability
Strick product liability, now the law in nearly every state, allows an action against a manufacturer that sells any defective product resulting in injury to a buyer or anyone who uses it. If you are injured by a defective product, you do not need to prove that a manufacturer was negligent, but only that the product was defective. A strict liability action can be brought agains the parties that designed, manufactured, sold or furnished the product.
What is a typical product liability case?
What should you do if you are injured by a product?