Personal injury law is a broad category that allows an injured person to seek compensation for all losses that are a result of an accident or other incident. Also known as tort law, personal injury law includes physical or mental harm caused due to negligence of someone else. It means that if a person gets injured due to someone else’s fault, the injured victim can file a civil lawsuit to get a legal remedy for the damages. When you or your loved one gets hurt, a personal injury claim is filed against an at-fault party or their insurance company. The purpose of this type of claim is to get a financial settlement to cover all the expenses that are a result of the accident. From medical bills to loss of income, personal injury claims can help you receive compensation for every loss. However, not all cases are eligible for compensation. To file a personal injury claim, some conditions must be fulfilled.
Basics of Personal Injury Claims
If you slipped on the floor or encountered a car crash due to your carelessness, there is no personal injury claim. To file a case, you need to prove fault, also known as a liability in legal terms. Only if someone else is responsible for your injuries then you can be compensated financially. There is no case is nobody is to be blamed. Negligence, omission of duty, recklessness, or intentional misconduct is the basic requirements of a personal injury case. The injuries caused due to negligence of another party can result in:
- Physical harm
- Pain and suffering
- Emotional distress
Physical harm includes actual bodily injuries like sprains and fractures. The compensation for physical injuries includes covering medical bills, future therapy, surgeries, medication, and more to help the victim get back to normal life. It is easier to get compensation for bodily harm but proving pain and emotional suffering can be tricky. The victim might need the assistance of a mental health professional to document their emotional distress and suffering. Getting injured severely means you might not be able to enjoy activities that you used to practice previously.
Types of Personal Injury
There are various types of accidents and situations where personal injury rules apply. Typically, personal injury cases include:
Accidents: If someone’s negligence or carelessness causes accidents like a car crash, slip and fall incident, or motorcycle accident, then you can file a case.
Medical Malpractice: When a healthcare provider like a doctor or nurse fails to perform their duty and that causes harm to the patient. Medical malpractice could be due to failure to diagnose, incorrect medication prescription, wrong surgery, and other acts that make the patient’s condition worse.
Intentional Acts: If another person or entity intentionally causes harm to another person, the victim can file a personal injury case. This type of case includes assault and battery and other intentional acts.
Defamation: Besides physical harm, if someone’s defamatory statement causes harm to another person, then also personal injury laws are applicable.
Defective Products: Product liability also comes in the category of personal injury. It covers cases like defective vehicle components or faulty medical devices and other products that are dangerous and caused harm to the consumer. In this type of case, a lawsuit can be filed against the manufacturer.
Filing a Personal Injury Claim
Most cases of personal injury are different but the process of filing a case follows the same path. Some standard steps that take place during such cases include:
- Defendant’s action or inaction caused injury to Plaintiff.
- Defendant breached a legal duty
- Settlement talk
Most cases of personal injury get settled outside the court through settlement. However, if both parties don’t come to a mutual agreement, the plaintiff may go to court.