Have you been involved in a road accident? If so, are you the legal cause of the accident? Or, was the accident caused by the driver of another motor vehicle on the road? What are the legal consequences of a car crash irrespective of who caused the accident?
What is the personal injury law governing MVA cases?
Before we answer these questions, let’s consider a definition of the personal injury or tort law and its place within the US constitution.
A tort or personal injury is defined as an “act or omission that gives rise to injury or harm to another and amounts to a civil wrong for which courts impose liability.”
Thus, the personal injury or tort law is the legal framework that aims to provide relief to the injured party for the harms caused by a responsible third-party. And, its secondary aim is that it acts as a deterrent for others who are considering committing harmful acts.
The tort law is bound by the common law and the state statutory law. In other words, personal injury cases are heard by state courts and not federal courts. And, a lawyer who specializes in tort law like an Aventura personal injury attorney is qualified to represent both the plaintiff and defendant in a personal injury lawsuit application and trial.
A road accident versus the tort law
As described above, the personal injury law is designed to right the harm caused by a third-party. Thus, the question that begs is, what are the legal consequences of a road accident?
At this juncture, it is vital to note that there is a difference between civil law and criminal law. The best way to explain this is to cite the following case study:
For this discussion, let’s assume that Person A …Read More