unintentional torts

Unintentional Torts and Compensation for Your Injuries

Personal injuries can result from the intentional or unintentional actions of another party. To successfully file a legal claim, one must understand the laws related to unintentional torts. The intent of a defendant impacts the compensation you receive. So it’s vital that you and your personal injury attorney must demonstrate the defendant’s negligence to be compensated for damages. In this article, we discuss, Unintentional Torts and Compensation for Your Injuries

Demonstrating Negligence

Negligence occurs when a person acts carelessly, causing injury or harm to another party. The negligent party may be held liable for any injuries or property damage. 

The compensation due to loss of income or earning capacity can be included in the losses you may be compensated for. Establishing negligence in your case is essential to getting the compensation you deserve.

Four factors must be present to file a successful legal claim based on the negligence of another party: 

  • Duty of care
  • Breach of duty
  • Causation
  • Injury and damages

The plaintiffs must show the courts that the defendant had a legal duty to keep others safe under normal circumstances. 

You must demonstrate how that duty was breached by a failure to act in a way that ensured the safety of you and others. 

The defendant’s negligence must be shown to have caused your injuries, and the damages you suffered need to be a result of the defendant’s actions or failure to act. 

A legal duty of care exists in many situations. Doctors have a legal duty of care to their patients. Motorists need to act in a manner that keeps other drivers, passengers, and pedestrians safe from harm. 

The courts typically consider how the average person would behave in a similar situation to determine whether or not the defendant was negligent. 

Unintentional Torts

A tort is any action that harms another person, and they are addressed through civil courts. When a defendant is found guilty of a tort, they must provide monetary compensation to the plaintiff. 

Unintentional torts are distinct from intentional torts, which are the result of deliberate action. Intentional torts include assault, battery, slander, and libel. 

Only an intent to commit the act must be demonstrated for compensation to be granted to the victim. 

Unintentional torts include automobile accidents, medical malpractice, and safety violations. Due to the lack of intent, the compensation awarded in an unintentional tort case may be smaller than intentional torts. 

Getting the Most Out of Your Unintentional Tort Case

Winning your personal injury case requires the right legal strategy and resources to help you get the highest compensation. 

There are many ways that defendants argue against legal actions. You may be accused of sharing some part of the responsibility for your injuries.

Comparative and contributory negligence are essential factors to consider. If you share some percentage of liability, your compensation may be reduced accordingly. 

Acting or failing to act in a way that led to your injuries may cause you to lose the compensation you might otherwise receive. Working with a skilled personal injury attorney helps you present the evidence needed to avoid this legal hurdle.

It may be challenging to demonstrate that the defendant’s negligence caused your injuries. 

Your compensation may also be reduced if the injury occurred after you accepted the risks involved in a given activity. 

This assumption of risk is a common issue that prevents plaintiffs from getting compensated for their injuries and other losses. 

Understanding the circumstances related to your case is a critical step in developing a legal strategy that leads to a successful outcome, especially with unintentional torts and compensation for injuries sustained. 

Your personal injury attorney will provide you with a legal plan to overcome these and other legal challenges. 

Consult with a personal injury attorney, like Mark Thomas Law,  who understands how unintentional torts impact the aspects related to your case helps you demonstrate the negligence so that you can recover any losses and protect your legal rights. Contact our office today at 404- 999 – 2358 for your free consultation.


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