Personal injury law is based the principal of torts.  Generally speaking, a tort occurs when a person’s is injured and that injury is caused either negligently or intentionally by another person.  The legal standard for tort cases is the “reasonably prudent person” standard.  More clearly stated, the behavior of the offender will be compared to the possible behavior of another similarly situated person being of the same average age and experience and who suffers no physical or mental disability.   The court will return its verdict based on this theory of law. 

The legal theory of torts include assault, battery, fraud, conversion, false imprisonment, libel and slander, intentional infliction of emotional distress, and products liability.  If the offender is found to have perpetuated a tort against the petitioner, the court will assess remedies.  Possible remedies for tort actions are economic damages, non-economic damages, and punitive damages.  Economic damages are medical expenses, lost wages, etc.  Non-economic damages are past, present and future pain and suffering, physical impairment, disfigurement, loss of life, etc.  Punitive damages are used to punish the offender and may be set by law or statute and can include monetary fines and/or actions to include imprisonment.  

Disclosure Notice:  The information on these pages are not to be construed as legal advice and are not to be depended upon to make legal decisions.  Legal opinions are to be provided only by an attorney admitted to practice before the state bar and may run contrary to the information found in these pages.