Personal injury law is founded based on proving that the defendant was negligent. The negligent action or inaction is what caused the injury to the plaintiff. If an injured party can prove negligence, the case automatically qualifies for a lawsuit under personal injury tort. However, what happens when there is not enough evidence to prove negligence? Is the case dead in the water? In the absence of absolute proof, you may still be able to move forward with a personal injury claim. Take a look at other alternatives that may still find you get the compensation you deserve, as a personal injury lawyer, can explain.
Intentional Torts
Injuries caused by an accident are bad enough, but what about those that are on purpose? When someone intentionally harms you, it may not fall under negligence, but it certainly should cause them to be responsible for your injuries. Intentional torts or wrongdoings may be a basis for filing a personal injury lawsuit against the liable party. The most common example of this type of incident is a physical altercation with someone. When a person starts hitting you with fists or some kind of a weapon, the logical outcome is that they will cause you harm. They are not behaving negligently; they are just violent. You should be compensated for the injuries and damage they inflict by the intentional and malicious act.
Strict Liability
Strict liability is one other way you may be able to recover money when hurt. Under this, you may file a lawsuit against a third-party. The most common example of this is getting injured by a faulty product. The strict liability falls to the manufacturer for creating the defect, not necessarily the store from where you obtained it. It was the manufacturer who should have known there was the possibility that a flaw exists. Thus, you can take the company who created the product to court for compensation.
Another example of strict liability is the owner of a vehicle that someone else was driving when it caused a crash. There is always the possibility that a person will cause an accident. When a car owner lends out their car, they inadvertently agree to shoulder the burden a crash may cause. They provided the means for the responsible driver to cause you harm. Hence, they can be held liable.
While negligence may not always come into play, the fact that you should receive compensation for your injuries remains. A personal injury lawyer can best consult you on how to go through the process of filing a lawsuit under the proper pretenses.