Personal Injury

What is Personal Injury?

Personal injury refers to the area of law that seeks to protect victims who are harmed by the action or inaction of another person or entity. Personal injury is also sometimes referred to as tort law. A personal injury claim can be filed for injury incurred by an individual either physically or mentally, and it can sometimes include damage to property. In certain situations, such as in medical negligence or wrongful death cases, a person may bring a personal injury lawsuit on behalf of a loved one. Personal injury lawyers seek to win compensation for their clients.

Personal Injury Liability and Damages

There are two elements in every personal injury case: liability and damages. The first element involves demonstrating that the person or entity being charged did in fact bear legal responsibility for the injury. Damages refer to the extent or amount of injury or loss that was allegedly suffered on account of the defendant's actions or negligence. More than one person can be held liable for the personal injuries sustained, making it important to contact a personal injury lawyer to fully understand what actions can be taken. Personal injuries can occur in a wide range of accidents, however leading causes of personal injuries can be attributed to vehicle accidents, falls, and sports injuries. When a personal injury occurs it is not just the hospital and doctor bills that can be a burden but the loss of salary, benefits, and normal life activities.

Personal Injury Claims

Liability and damages can be established on several bases.

1) Negligence. When a case is filed as tort of negligence, the defendant is accused of causing the injury by failing to prevent it. An example would be an accusation that a business allowed a slip and fall injury to occur, by not properly following safety regulations. A reckless or inattentive driver who is at fault in an injury car accident may also be guilty of negligence.

2) Strict Liability. Under strict liability, a personal injury attorney may also bring charges against a company whose defective product is responsible for an injury. Strict liability applies whether negligence or malice was involved or not, as long as the product was being used as was intended.

3) Intentional Wrong. Intentional wrongs can sometimes be brought as civil, personal injury claims apart from any criminal charges the defendant may be facing.

An attorney experienced in personal injury litigation, or an attorney who specializes in a specific area of personal injury law (such as an auto accident lawyer or a defective product attorney) may advise victims concerning the most appropriate grounds for filing their individual claims.

Please Note:
Statutes of limitation may apply and determine how long you have to file a lawsuit. In the case of personal injury litigation, the type of injury as well as the state the injury occurred in are some of the factors used to determine the length of time you have in which to file a lawsuit. Read the statute of limitations in your state.