Brad Pistotnik Law
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What is Personal Injury Law?

Personal injury law refers to the legal remedies and defenses involved in civil lawsuits brought as a result of wrongful conduct of another person. The word “tort” comes from a Latin term meaning twist, wrong, or harm. A tort action does not involve the government prosecuting the wrongdoer. These cases involve a private plaintiff seeking compensation (usually monetary) for the harm caused by the defendant’s actions. These cases are typically called personal injury cases and you will need an experienced personal injury attorney to handle yours if you have been harmed by someone else’s wrongdoing. In these types of cases it is important to call a personal injury attorney at Brad Pistotnik Law.

Most personal injury cases are based on the principle of negligence. Negligence requires every member of society to act responsibly and avoid putting other people at risk. There is not always negligence when someone gets hurt. The doctrine of negligence recognizes that some accidents are completely unavoidable, but many are the cause of one or other entities that require supervision. In order to establish liability, the plaintiff must show that a reasonably cautious person in the defendant’s position would have acted differently under the circumstances.

Some examples of negligence include car accidents caused by drunk drivers or an accident cause by careless drivers. Medical complications resulting from a physician’s carelessness are another example of negligence. A dog bite that occurs when vicious animal is permitted to roam free is an example of negligence. In each of these instances, the responsible party ignored the risk posed to other human beings, and the plaintiff was injured.

Once negligence is established in a personal injury case, the defendant must pay the plaintiff for all injuries caused by the defendant’s unreasonable actions. A few types of damages are easy to calculate, such as property damage and medical bills. Other types, such as emotional distress and loss of earning capacity, expert testimony may be required to determine what damages the injured person has sustained in the accident. Punitive damages are meant to punish and deter particularly egregious conduct and may also be considered. It is important to find an attorney who is experienced in punitive damages and has been to trial to ask for such damages. Not all cases are punitive damage cases but you need to find an attorney who has sought them before.

When initiating what is called a tort action, identifying the proper defendants can be difficult to determine. This is because the “tortfeasor” who directly harmed the plaintiff could be a delivery driver, nurse, grocery store clerk, hospital staff or other individual – may not have the financial resources to pay a large judgment if awarded. An experienced injury attorney can identify and sue additional parties who are liable based on their relationship to the tortfeasor, such as the landlord where the injury occurred or business employer who allowed the improper conduct.

At Brad Pistotnik Law we are attorneys who are experienced in handling personal injury law.Brad Pistotnik Law founded Pistotnik Law Offices and has been handling personal injury cases since 1981. Brad Pistotnik Law is located in Wichita, Kansas on East 21st Street and we are NOT on East Central. Brad Pistotnik Law accident attorneys can be reached all hours of the day and evening as well as holidays. The personal injury attorneys at Brad Pistotnik Law would like the opportunity to help you with your possible case. Call now for a free consultation before you speak with the insurance adjuster and ruin your case.

Bradley A. Pistotnik © 2016

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