Accidents are fairly commonplace that not only cause pain but also disturb daily routines. When you get injured in an accident, you need to take care of many things- recovering from injury, expensive medical bills, and loss of work. In addition to all this, you also need to take steps toward protecting your legal rights if someone else is responsible for your injuries. Slip-and-fall accidents, auto accidents, medical malpractice, and workplace injuries are some common incidenes that can disrupt your life due to someone else’s negligence. In such cases, the injured victim has the right to seek financial compensation for their loss. Personal Injury Law, a branch of tort law specifically deals with protecting the rights of injury victims.
Personal Injury Law
Personal Injury Law deals with handling liability and damages. When a person gets injured, the personal injury law determines “who is liable” and “what are the damages”. The main element of personal injury claims is someone else’s fault. The victim needs to prove that another person, business, or organization is responsible for the injury/harm caused. So, all personal injury cases involve negligence or fault of others. It can be an automobile accident such as a car crash or bike accident, as well as premises liability like slip and fall accidents, negligent security, animal bites, etc. Workplace accidents or errors committed by healthcare professionals also fall under the umbrella of personal injury cases. So, common types of personal injury cases include:
- Automotive accidents
- Pedestrian accidents
- Animal bite injuries
- Transportation accidents
- Construction accidents
- Defective products
- Motor vehicle accidents
- Medical malpractice
- Slip and fall accidents
- Wrongful death, etc.
Filing Personal Injury Lawsuit
Not all cases of accidents and injuries qualify for a personal injury lawsuit. Various factors need to be considered before filing a lawsuit. It’s best to seek the guidance of a qualified personal injury lawyer to find out if you have a legitimate case and how much it is worth. As mentioned above, different types of accidents or incidences come in the category of personal injury- accidents, intentional acts, defective products, and defamation.
Your personal injury lawyer will examine your case, calculate the damages, and file a lawsuit. The plaintiff needs to prove that the actions or negligence of the defendant caused harm resulting in physical pain, emotional harm, income loss, and medical cost. The lawyer gathers evidence to establish that defendant breached a legal duty and that caused injury. For instance, the physician has a legal duty to follow the medical standard of care for treating patients. If the doctor fails to perform the duties and the patient gets harmed, it is considered a personal injury. Once it’s proved that defendant breached a legal duty, the settlement talks take place. Most of the time, such cases are settled outside the court through negotiation. If the insurance company representing the defendant agrees to pay a reasonable amount that the plaintiff accepts, the case is settled. However, if the plaintiff refuses to accept the offer, they can go to court.
