FAQs
Referring to bodily or psychological harm caused by another’s negligence or strict liability.
Personal injury refers to physical, emotional, or psychological harm suffered by an individual as a result of the negligent or intentional actions of another party. These injuries can occur in various circumstances, including accidents, incidents, or situations where someone’s actions or omissions directly contribute to harm to another person. Personal injury cases are a subset of civil law, and individuals who suffer personal injuries may seek compensation from the responsible party through legal means. Here are some key points to understand about personal injury:
- Types of Personal Injuries: Personal injuries encompass a wide range of harm, including:
- Physical injuries: Such as broken bones, burns, cuts, and traumatic brain injuries resulting from accidents like car crashes, slip and falls, or workplace accidents.
- Emotional and psychological injuries: Including conditions like post-traumatic stress disorder (PTSD), anxiety, and depression that can result from traumatic events, such as accidents or intentional harm.
- Injuries resulting from medical malpractice: When healthcare providers fail to meet the standard of care, resulting in harm to patients.
- Injuries due to defective products: When a product’s design, manufacturing, or labeling defects lead to harm to consumers.
- Injuries from intentional acts: Such as assault, battery, or defamation, where someone intentionally causes harm or damage to another person’s reputation.
- Negligence: Many personal injury cases are based on the legal concept of negligence. Negligence occurs when a person or entity fails to exercise reasonable care, leading to harm to others. To prove negligence in a personal injury case, the injured party typically must show that the defendant owed a duty of care, breached that duty, and that the breach directly caused the injury.
- Liability and Compensation: In personal injury cases, the injured party (plaintiff) seeks compensation from the responsible party (defendant) for the damages they have suffered. Damages may include medical expenses, lost wages, pain and suffering, emotional distress, and more. If liability is established, the defendant may be required to compensate the plaintiff for these losses.
- Personal Injury Lawsuits: Personal injury cases can be resolved through negotiations and settlements with the responsible party’s insurance company, or they can go to court for a trial if a settlement cannot be reached. Personal injury attorneys often represent plaintiffs to help them navigate the legal process and seek fair compensation.
- Statute of Limitations: There is a time limit, known as the statute of limitations, within which a personal injury lawsuit must be filed. This time frame varies by jurisdiction and the type of injury, so it’s important for injured individuals to consult with an attorney promptly if they believe they have a personal injury claim.
- Comparative Fault: In some jurisdictions, the concept of comparative fault may apply. This means that even if the plaintiff is partially responsible for their own injuries, they may still be able to recover damages, although the amount awarded could be reduced to account for their level of fault.
Personal injury law is designed to provide recourse for individuals who have suffered harm due to the actions or negligence of others. It aims to ensure that injured parties receive compensation to help them recover physically, emotionally, and financially from their injuries and losses.
When you are a victim of personal injury, there is a long list of decisions and actions that need to be made. In order to begin this process, the negligence of a person or company first must be taken into account. Personal injury can be a deeply personal and emotional situation to find yourself or a loved one in, as you must make decisions on how to move forward with your life.
Additionally, making these decisions can be incredibly difficult during a time when the victim is physically incapacitated or deceased. This is where our team can provide critical support and guidance through your legal battle.