Personal Injury Law

Last updated December 15, 2023

Personal injuries are damages that occur to your body or mind due to the negligence or fault of another. Personal injuries include physical damage, mental anguish, loss of earnings, and pain and suffering. Some injuries may be permanent. They can be caused by accidents, malpractice, negligence, defective products, or intentional harm.

Your rights in a personal injury case can depend on state law. Talk to a personal injury attorney about recovering compensation in your civil lawsuit.

The law defines personal injury as anything that causes damage to someone else’s body or mental health. This includes physical injuries such as cuts, bruises, and sprains. It also includes emotional injuries like depression, anxiety, and stress.

Personal injury law covers all types of accidents, whether caused by negligence or intentional acts. If you were injured because of someone else’s negligence, you might be able to get compensation. Compensation can include medical expenses, lost wages, pain and suffering, and other damages.

Types of personal injury cases include:

  • Car accidents
  • Truck accidents
  • Dog bites
  • Premises liability
  • Slip and fall accidents
  • Nursing home abuse
  • Medical malpractice
  • Birth injuries
  • Wrongful death claims

How Do Personal Injury Cases Work?

Personal injury law is a form of tort law that deals with injuries to your person or property. In a tort case, it matters who was at fault in an accident and the degree to which they were at fault. In a personal injury lawsuit, you must prove that the other party is responsible for your injuries. This can be based on negligence, strict liability, or intentional harm.

Negligence is a common term in personal injury law. People have a duty to exercise ordinary care when they act. This means their actions are reasonable and do not harm others. In a personal injury case, the law compares the behavior of the person who caused the accident to a reasonable person in the same situation.

If someone fails to act with a duty of care or acts unreasonably, and you are injured as a result, then that person was negligent. Someone does not have to intentionally cause harm to be negligent. However, a finding of negligence in court can allow recovery of monetary damages in a personal injury lawsuit.

Intentional torts are personal injuries where the responsible party intentionally causes harm. These torts include battery, assault, defamation, and intentional infliction of emotional distress. You don’t have to prove negligence. The person who caused the accident can be liable for compensation and punitive damages. This serves as a financial incentive not to harm others on purpose.

What Is Strict Liability?

Strict liability cases do not require a finding of negligence to recover monetary damages. Product liability is an example of a strict liability case. It is a unique area of law because any party in the chain can be liable for defects. An injured person can sue anyone involved in putting the product out on the market. This includes the manufacturer, product designer, and the store.

Suppose you were injured while using a product as it was intended. You do not have to prove the product manufacturer was negligent. It would be difficult for you to supervise the manufacturer’s factory to determine if they are operating reasonably. This is not necessary for product liability claims.

For product defect claims, you only have to prove that the product was defective when sold. The product also has to be the proximate cause of the injuries. This means if it weren’t for your use of the defective product, you would not have been injured.

Why Hire a Personal Injury Lawyer?

A personal injury lawyer can help you recover damages for injuries caused by someone else’s negligence or wrongdoing. Personal injury lawyers are experts at finding out who was responsible for causing your injuries. Your lawyer can negotiate with them for a fair settlement offer. Personal injury law is set by each state. You should consult a personal injury lawyer in a city near you to get the best advice about your situation.

Do Personal Injury Cases Often Go to Trial?

Most of the time, personal injury claims do not go to trial. Insurance companies usually prefer settling out of court. This is cheaper, faster, and more predictable. Settling the case can also be better for you. You will get a guaranteed settlement offer and don’t have to go through the stress of a jury trial.

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