Personal Injury Law
A Personal Injury can occur any time an individual suffers physical or psychological harm because of someone else's negligence, recklessness or malpractice. The most common type of personal injuries are a result of car accidents, slips and falls, assaults, work injuries and defective products. In addition, medical or dental malpractice claims also can be considered personal injury cases.
Personal Injury Claims
A personal injury can be caused by several factors including negligence, an intentional tort, or strict liability. If you have been injured it is probably a result of one of these factors. In order to file your personal injury claim you must determine the reason for your personal injury.
If you have suffered a personal injury or have been the victim of medical or dental malpractice, which was caused by someone else's negligence, a company's defective product, or an intentional wrong, a personal injury attorney who is an expert in personal injury law can help you file your personal injury claim.
If you prove your personal injury claim you may be entitled to compensation. Compensation can include payment for any financial loss, pain and suffering and permanent disability which resulted from your injuries. In addition, if the injury resulted in the wrongful death of a family member you may be able to receive compensation for the loss you have suffered.
A negligent action may be one legal reason you have suffered a personal injury. In order to prove negligence you must prove a person did not meet the required legal standard required to protect another individual from injury.
In order to prove negligence caused your personal injury you must be able to prove:
- The person who caused your injuries had a legal responsibility not to cause harm. This is called a "duty of care". For example, a driver has a duty of care to operate their vehicle in such a way that no one else will be injured by their driving.
- Did the person who caused your injuries act in such a way that they breached their duty? In a car accident this could be proven if the driver failed to follow the laws outlined in the state's vehicular code. In other cases, this may be harder to prove.
- The third thing you must prove is that the other person's negligence led to your injuries. This means that your accident was caused by their breach of duty.
- Were you injured in the accident and as a result you have suffered some type of loss? A loss can be financial, physical, and emotional or it may be a disruption to your life.
An intentional tort can be any personal action caused by the willful action of another individual. If your injury was caused by an intentional act of another person you may be able file a civil personal injury claim in addition to a criminal lawsuit. Intentional acts which cause harm could include assault, battery, sexual abuse, or rape.
Strict liability usually applies to a group of laws covering Product Liability. Under product liability laws if you have suffered a personal injury you do not have to prove negligence or malice, you only need to prove that the product was designed or manufactured in a way that made it dangerous when it was used in its intended way. Under product liability laws you can seek compensation from the manufacturer, manufacturer of parts, wholesaler, or retailer who sold the product.
Personal Injury Settlement
In a personal injury settlement the victim is compensated for their personal injuries. This compensation can cover monetary losses including lost wages, medical bills, medicine, and rehabilitation costs. They also could include non-monetary costs such as pain and suffering and life disruptions. Pain and suffering could include stress, depression, and anxiety. Life disruptions could include missed job opportunities, vacations, special events, and vocational training. In some instances such as a defective product case you may also be awarded punitive damages, which may be assessed against a company to punish and deter them from making defective products in the future.
Personal Injury Term of the Day
Latest Personal Injury Question
Although pain and suffering can vary and may be different for each claimant, insurance adjusters and personal injury lawyers do have several methods they use to calculate what they consider a reasonable settlement amount for pain and suffering.
Category: Injury Law
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