A situation where a person gets into an accident and incurs severe or minor injuries due to the ignorance, negligence, or carelessness of another person, is a case of personal injury law. Personal Injury Law that comes under the Tort law is through which an injured person can go to civil court and get compensation for loss and the damages. You receive compensation after an injury, given that it was a result of the negligence of any other person or an organization. Not all personal injury cases will have to go to court, many will settle pre-suit.
Personal Injury Law – Explained!
The purpose of personal injury law is to help the victims of wrongful injury get compensation for their loss, be it physical or mental injury and medical or legal expenses (present and future). In addition to this, the law holds all irresponsible individuals accountable whose negligence led to severe injuries to another party and to have them pay for our client’s pain and suffering.
The person who is the offender in a personal injury case may have to bear both civil personal injury as well as criminal charges. The key differences between personal injury and criminal law are the burden of proof and the damages available for the victim. As compared to the criminal law, the damages available in the civil court system, are more expansive.
Grounds for Personal Injury Law
When talking about personal injury law, it is important that you understand the grounds for its liability. You must know all the factors that will help you build a personal injury claim.
Negligence
Negligence is when an individual does not take the necessary precautions and fails to be careful.
Intentional Conduct
When a person harms or hurts a person, physically or mentally, and damages the property on purpose, the behavior comes under the category of intentional conduct.
Strict Liability
It is a situation where a person or an organization is held responsible for personal injury without being involved in any acts of negligence or intentional conduct. Just an injury may be enough for an entity to be liable for the injury.
Different Types of Personal Injury Claims
There are a variety of situations that may result in you filing a personal injury claim. The most common cases that come under personal injury claims include;
Auto Accidents
When talking about personal injury claims in the United States of America, auto accidents are the most common cause. Injuries due to car accidents that are a result of ignorance of traffic rules, drunk, and distracted driving all fall under the category of car accident personal injury law. Whether the care accident was a low speed collision or resulted in devastating injuries, you want an experience car accident collision attorney fighting for you.
Medical Malpractice
When the negligence of a doctor, healthcare provider, or surgeon, leads to the death or any injuries to a patient, it may be a case of medical malpractice. In these cases, the plaintiff has to prove that the healthcare professionals failed to provide reasonable care to the patients. It is not sufficient enough that there was a serious injury. Medical malpractice cases are among the most complex and expensive to bring, as a result its difficult to justify taking on a medical malpractice case unless the injuries are severe and the at-fault doctor or medical facility has adequate insurance coverage or assets.
Slip and Fall Cases
Another common type of personal injury case is the slip and fall cases. It is the primary responsibility of property owners to maintain reasonable safety on their properties. Some injuries on the property may be the result of the premises owner or manager’s liability. Again, the plaintiff has to prove that the accident was due to the action or inaction of the owner or manager. The mere fact that there was an injury does nto necessarily mean that the property manager or premises owner is liable.
Animal Attacks
The most common cases of animal attacks that may lead to a personal injury claim are dog knock-down, jump-up, and bites. The animal owners are the ones responsibility for making sure that their animals are not a danger to other people around them. The animal owners are held responsible for any injuries that their animals cause. Dog-bite cases are an example of strict liability cases. There is no need to prove the negligence on the part of the dog owner, they are strictly liable for the injuries caused by their animal.
The Role of Personal Injury Attorneys
Our personal injury law firm specializes in representing those who were injured due to the negligence of another. We protect our client’s rights and gather evidence to prove how the offending party was responsible for injuring our client, either physically or mentally.
Whether you are considering our firm or not, if you get caught up in an accident and incur injuries, it is best to hire a professional personal injury attorney. They help in preparing the strongest case possible and fight insurance companies and large corporations so that the victim gets the compensation they deserve.
