What is a typical personal injury case?

Automobile accidents, the area in which most personal injury actions arise, provide a good example of how the tort system works. You have a negligence claim in a "fault" state if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. When they breach that duty and your injury results, personal injury law says you can recoup your losses. (Note, though, that the system may be very different in states that have passed no-fault laws.)

Negligence reaches far beyond claims stemming from car accidents. It is the basis for liability in most personal injury lawsuits, including medical malpractice.

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