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Personal injury laws vary from state to state but essentially arise from a breach of duty, or what is referred to in the legal world as a “tort.”
A tort has four elements, which include the existence of a legal duty owed by one person to another, one person has breached duty; the breach of this duty was the cause of the injury suffered by the first person and there are damages that have occurred by the person suffering the injury.
Typically, all of these elements must be present to have a claim against the offending person. If you have been hurt or injured in some way and you feel that there might be a cause of action, it is best to consult a qualified and reputable personal injury attorney to examine your rights and any potential compensation you may be due as a result of someone else's negligence.