Personal injury is the hurt caused to the body, mind or emotions of a person. Lawsuits are normally done on individual who caused harm through negligence, gross negligence, deliberate misconduct or reckless conduct on someone.
The damages are described by different jurisdictions and in different ways including the person’s pain and suffering, medical bills and the diminished quality of life. It also incorporates medical and dental accidents as well as conditions that are described as industrial disease cases such as the asbestosis and peritoneal mesothelioma, chest diseases, occupational deafness, contact dermatitis and repetitive strain injury among others.
Negligence in most cases is the key to personal injuries. Monetary compensation can be given to the injured person depending on the intent of the person responsible for the injury and it may be done through settlement or judgement. The more the injury caused the more the reparation for the injury. The settlement for the injury will increase in case of head damage, or intense injury of the limbs and bones. A part from being compensated for the injuries, the injured person may be compensated for life due to the effects of the injury.
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Criminal defense is the element of negating crime mostly considering the intentions of the crime. The element may be used in the jurisdiction that has the party responsible assigned some burden before the tribunal. In most times it is the duty of the government to decide whether the implications that are given are evidence based. A defense may be nullified and the case treated as crime is there the defense used is not verifiable.
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Crime can be negated using various defense strategies. Intoxication is one of the defenses that is only applicable in the case of involuntary intoxication by the party involved meaning it was not an intended action. Therefore, where the mens rea or actus reus is not proven, there is no need for having defenses. In the case of an injury done by mistake, then a mistake of fact can be used as the type of defense in a tribunal. Insanity can also be used as a defense in the case where the party involved in doing the injury was not in a clear state of mind to understand the wrong and the right. Lastly, if the party responsible is under duress, then duress may be used as defense in most jurisdictions.
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