Akron Personal Injury Law Firm

When an individual sustains physical or emotional injury, or has their personal property damaged, legally it is considered a “personal injury.” The laws which cover personal injury allow for the injured party to collect compensation for damages caused by the negligence, carelessness, recklessness, or intentional actions of another. Another name for personal injury law is “tort” law. State and federal government have enacted tort laws to protect your rights. There are three elements to a tort: an existent legal duty between the one doing the wrong (defendant) and the person injured (plaintiff); a breach of that duty; damage resultant from that breach. Should all three elements exist, a personal injury or tort, has occurred.

All citizens carry a duty not to harm others. This is the basis of tort laws. Not only should people (physically and emotionally) be safe from harm, but possessions also. When a person harms you or damages something that belongs to you, that person violates those tort laws governing the situation. Violations may be the result of intentional acts or negligence. An intentional act is willfully designed to inflict harm or injury. The perpetrator of such an act intends to harm you. A negligent act, on the other hand, occurs at the failure to take appropriate action, resulting in harm. For example, if an angry person threw a brick through the window of your car he/she has committed an intentional tort (which may also be a criminal action). If a driver is careless and runs into your car, that is a negligence tort. In the first case, the defendant wanted to cause an injury; in the second case, the defendant did not want to injure you but failed to take the appropriate action to prevent injury. In each case, the defendant has violated her/his duty not to injure you or your property, a duty created by our laws and society. Both intentional and negligent actions resulting in damage to person or property are violations of personal injury law.

Personal injury law may also take another form: “strict liability.” Strict liability is defined as responsibility for damage whether or not any negligence was involved. This occurs in the area of product liability. Product manufacturers must accept the responsibility of assuring that their products are safe when used as directed. Because of this, if someone is injured by a product, there needn't be any proof of intent or negligence on the part of the manufacturer, only that the product was defective through no fault of their own, and that harm was done.

If personal injury occurrs, the defendant is responsible for making good the damage done. “Damages” is the legal term referring to whatever is owed to compensate for the loss suffered through the personal injury. These may be agreed upon by the defendant and plaintiff, through an insurance settlement, or by other means. Often, too often, the damages offered may not fully compensate for the losses suffered. This may be true especially if your injuries have kept you from working. Personal injury law is the legal mechanism for determining the responsible or “liable” party as well as what that person should pay to rectify the damage done.

Should you become the victim of a personal injury, you can help yourself. First, seek proper medical attention and follow up with the proper authorities as well as your own insurance company. If you believe your injury was caused by the carelessness or intentional act of another, it is your right to contact an attorney. It is important that you call as quickly as it is convenient, and that you avoid talking about the situation with strangers and/or insurance representatives from other insurance companies. Cooperate with the police, medical personnel, and your own insurance company. A statute of limitations is applicable in most personal injury cases; this means that you only have a certain period of time in which you can file a lawsuit.

If you or a loved one is in need of legal assistance, call Kisling, Nestico & Redick, LLC at 1-330-869-9007 or toll free 1-800 HURT NOW (1-800-487-8669) or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.