At The Brown Law Firm, we understand that accidents or injuries from an accident can take a tremendous toll on your life and financial situation, and we are committed to getting the compensation you deserve from an Auto accident Lawyer Tulsa Oklahoma. If you or someone you know has been injured due to negligence or you have lost a loved one due to a wrongful death, The Brown Law Firm can help. We provides clients with support, information, and legal representation that is unmatched, along with a personal injury attorney who is attentive and dedicated to every case. From the moment we take on your case, to the moment there is resolution, The Brown Law Firm is intent on fighting for the financial compensation you are owed and the peace of mind you deserve. To take the first step towards recovery, contact us today for your free consultation and your best chance at receiving the maximum compensation for your injuries.
Personal injury is any physical or mental injury to a person that results from another person’s negligence or harmful act. Unlike criminal law cases where the government punishes the wrongdoer, personal injury allows the victim to pursue a civil action, called a tort action, against the wrongdoer. People come to us to ask questions of our lawyers or to receive a referral to an attorney that is right for their case.
A personal injury is also known as a tort. Tort actions have three elements: there must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a breach of that duty; and damage (an injury) must occur because of that breach. When all three elements take place, a personal injury, or tort, has occurred. Liability can be caused by intentional acts, negligence, or strict liability.
An intentional act occurs when someone, acting deliberately, does something that hurts another person or damages that person’s property. It doesn’t matter if a person doesn’t intend to injure another person; all that matters is that they acted deliberately or with complete indifference toward a person’s own safety or the safety of others.
For example, a driver intends to scare a pedestrian by driving very close and swerving away. The driver doesn’t swerve away in time and ends up seriously injuring the pedestrian. Although the driver didn’t intend to injure the pedestrian, the driver still committed an intentional act.
In most accident and injury claims, the basis for holding a person or company legally responsible for any resulting harm comes from the theory of negligence. Negligence is the legal term for any careless behavior that causes, or contributes to, an accident.
In a personal injury claim based on negligence, the plaintiff must show that the defendant:
- Owed a legal duty of care to the plaintiff under the circumstances
- Failed to fulfill (“breached”) that legal duty through conduct, action or failure to act
- Caused an accident or injury involving the plaintiff
- Harmed or injured the plaintiff as a result