Essay On Torts Of Negligence
When going to court for a negligence case the plaintiff must have all elements in order to prove that that defendant was negligent and liable for the injuries sustained. In negligence cases that outcome of the case depends on whether the defendant owes a duty …show more content…
He has no desire to injure, but knows that this will more than likely hurt Jason. The firework did cause injuries to Jason. Sam is now subject to liability for an intentional tort to Jason.
Everyone has a right to file a negligent lawsuit if the claims are valid. One thing to keep in mind though if you are filling a personal injury lawsuit is whether the plaintiff’s chance of winning is worth the cost. When injuries occur they are all not viable for a personal injury case and not all cases result in compensation. Agreements in cases do not always happen overnight in some cases they can go on for years to come to a settlement. During that time the plaintiff will have to pay attorney fees and court expenses.
Torts are wrongdoings by law and grounds for a lawsuit. When filing a lawsuit for negligence there are four elements duty, breach of duty, causation, and damages. Negligence falls under either civil negligence or criminal negligence. The injured party who sustained the injuries may attempt to recover and medical costs, pain and suffering, and loss of personal earnings. As previously stated negligence lawsuits are the most common tort cases of them all. If ever in situation if you need to file a lawsuit remember if you’re dealing with a criminal or civil negligence