For the most part, litigation involving personal injury can typically be categorized in two different ways – a negligence case or tort (intentional act). Although tort tends to look like an expensive word, it simply refers to an actionable cause as seen through the court system. It is typically the wrongful act caused by others, which would entitle the party that is injured to seek remedies to receive compensation through the court system, on their own, or through a Houston personal injury lawyer.
Injury through Negligence
When an individual causes harm that was not intended, their cause of action is generally referred to as negligence. It is often the carelessness that causes injury or minimizes the safety potential of other individuals. For the most part, many motor vehicle accidents are litigated because of negligence.
To be successful in a negligence case, the party that has been injured will need to show the court that the defendant had the duty to exercise obvious reasonable care. Generally, it was that breach of their obvious duty that caused the injury that resulted in a serious violation.
Injury through Intentional Torts
Individuals or companies that had the intention of committing a wrongful act are generally sued because the injury was caused through intentional torts. In fact, the injured party does not have to be the target of the intention, or if the injury was significantly more severe than what was originally intended. This type of personal injury lawsuit is often a challenge to win in a court of law, and requires the skills of a competent Houston personal injury attorney to win. This is because many insurance policies do not provide covered remedies for intentional wrongful acts in their policies.
The most common forms of intentional torts tend to be defamation of character, child abuse along with assault and battery.