Personal injury law, also referred to as “tort” law gives legal protection to victims of personal injury. But what is personal injury? When a person gets injured due to someone else’s negligence or carelessness, it is known as personal injury. The victim can suffer physical and mental pain due to the wrongdoings of another person, business, or organization. In this case, the injured person has the right to file a civil lawsuit in court to receive a legal remedy for all the pain and suffering that result from an accident or incident that caused harm. However, accidents are common, and proving that someone was responsible for your injury isn’t that easy. If you want to protect your legal rights and get legal remedy post an accident or injury, you may need the assistance of a professional personal injury lawyer. Several factors are included in personal injury law and only an experienced lawyer can evaluate your case.
Personal Injury Lawsuit Basics
A personal injury lawsuit is filed by the injured person to sue another person, business, or company. The injured person, known as the Plaintiff needs to prove that the negligent or at-fault party, known as the Defendant is responsible for the pain and suffering. The defendant, if found guilty will pay financial compensation for the sustained injuries, known as damages. The insurance company of the defendant needs to pay for medical bills, pain, and suffering of the injured person. As you might already know, it is tricky to deal with insurance companies. Their representatives make every possible effort to either dismiss the case or pay as little as possible. So, to make sure you get fair compensation, you will need the assistance of a personal injury lawyer.
Most cases of personal injury are resolved through informal settlement. The injured party, at-fault party, their insurance provider, and attorneys representing both sides can mutually settle the case through negotiation. If both the parties agree, the case can be settled and an agreement is signed by both parties to forgo any further action. Another option is a formal lawsuit where a personal injury lawyer can represent you at a civil court proceeding. During a formal court proceeding, the plaintiff needs to prove that the defendant (another person, business, corporation, or government agency) acted negligently or maliciously that caused an accident or injury. Some common personal injury claims include motor vehicle accidents, slip and trip accidents (Public Liability), workplace accidents (Workers’ Compensation, and Medical Negligence. The injured person can recover special damages (medical expenses & loss of earnings), as well as general damages (for pain and suffering).
Types of Personal Injury Cases
Personal injury law aims to provide financial compensation to the injured person for the harm suffered due to someone else’s negligence or intentional malicious conduct. It covers several types of cases such as accidents where carelessness or negligence of another person or business can cause slip and fall incidents, cruise ship accidents, car accidents, pedestrian accidents, hotel accidents, or dog bites. The cases of medical malpractice also come in the personal injury law category. In addition to this, personal injury law is also applicable to intentional misconduct of another person like assault and battery. Sometimes, the harm is not physical but emotional. For instance, a person’s defamatory statement can cause mental, as well as other harm to a person. The cases of defamation also come under personal injury law. Another situation where personal injury law applies is defective products that could be dangerous. If a consumer gets injured or harmed due to a defective vehicle component, faulty medical device, or other defective product, a product liability lawsuit can be filed against the manufacturer.