What Is Personal Injury in Law?
Personal injury suits are among the most frequent civil claims filed. They involve allegations from an individual or entity who caused harm through negligence, recklessness, or intentional acts.
Successful litigation cases can bring about compensation for medical expenses, lost wages and property damages incurred as the result of negligence or intentional acts by others. Payment usually comes through settlement agreement or judgment after trial.
Tort law
Tort law, one of the broadest areas of law, encompasses cases in which someone is physically, psychologically or emotionally injured. When this occurs, individuals or companies can file suit against those responsible to seek damages for injuries sustained – this may include both actual monetary compensation as well as punitive damages designed to punish the defendant.
Damages are divided into two broad categories. Special damages refer to costs such as medical expenses and lost wages while general damages include pain and suffering, loss of consortium, and emotional distress. Strict liability torts represent another form of personal injury claim which allow victims to recover without needing to establish negligence; typically these involve defective products and potentially hazardous activities.
Negligence
Personal injury lawsuits involve an injured individual claiming they believe someone else may be to blame, and are seeking financial compensation in order to restore them “whole”. Negligence claims are among the most frequent types of personal injury claims.
Negligence occurs when someone fails to act with the care a reasonable person would exercise under similar circumstances. According to law, four criteria must be fulfilled when filing a negligence claim:
Personal injury lawsuits require proof that the actions or lack thereof of the defendant contributed directly to your injuries. To do so successfully, this relationship must meet what courts refer to as “proximate cause”, meaning there must be an obvious connection between their negligence and your injuries.
Damages
Damages awarded in personal injury claims are designed to compensate victims for losses they’ve endured, such as expenses and pain and suffering. They may also include punitive damages designed to punish defendants for particularly negligent or malicious behavior and act as deterrence against further misdeeds.
Economic damages that typically accrue in personal injury cases include medical bills, medication costs, physical therapy sessions and hospital stays as well as surgery costs or future treatments which may become necessary. Furthermore, victims can seek compensation for lost wages should their injuries prevent them from working.
Non-economic damages can be more challenging to estimate, such as emotional distress and loss of enjoyment of life. Hiring an attorney to assist with estimating these damages and fighting for a fair settlement is invaluable.
Statute of limitations
A statute of limitations is a state-specific legal provision which sets forth when and how soon personal injury claims may be filed in court. Consulting with an experienced personal injury lawyer will help to identify what deadline applies in your specific situation.
Statutes of limitations can be tolled or postponed under certain conditions. For example, they may be extended in instances involving toxic exposure or when foreign objects (like surgical instruments) remain within an individual after surgery has taken place.
Children may pause the statute of limitations, whether they are invited guests or unlawful trespassers on property. Other exceptions exist and an experienced attorney can explain your options.
Wrongful death
Personal injury and wrongful death lawsuits share many similarities, yet are distinct legal claims. Personal injury suits involve any harm caused by negligent, reckless, or intentional actions on the part of others; while wrongful death claims concern the death of loved ones due to another’s conduct.
Medical negligence is often to blame for wrongful deaths, often through misdiagnosis or failure to treat an existing condition. Other contributing factors could include defective products, car accidents and workplace injuries.
Surviving loved ones of an individual who has died can file a wrongful death claim to seek damages such as funeral costs, lost wages, emotional distress and punitive damages in certain states. An experienced lawyer can help explain your rights and obligations regarding wrongful death lawsuits.