Personal injury is a broad legal term denoting an injury, either to mind or body, rather than an actual physical injury to property. In English, the word is most often used to describe a sort of civil lawsuit in which an individual who has been injured has actually suffered emotional harm to his/her body or brain. These types of lawsuits have been in existence for hundreds of years and are now gaining increasing popularity in the United States.
As defined by the law, personal injury is any type of injury that results from libel, slander, malicious prosecution or false arrest. It also includes any bodily injury, disease or death sustained by any person. In cases where the damage is caused by the negligence or wrongful conduct of another, a personal injury claim has to be brought within a certain period of time after the occurrence of the event. If brought within this time limit, the plaintiff has no other recourse but to wait until the time period has expired. However, if the victim was within the vicinity of the occurrence, the defendant can still be held legally responsible, provided that he/she did not exercise reasonable care.
The most common types of Personal Injury claims in the US are automobile and motorcycle accidents. Motorcycle accidents involving bikes are particularly popular because motorcyclists are more prone to accidents due to their increased speed and because of the general tendency of riding on busy highways or busy city streets. However, there are also other common causes for Personal Injury claims such as defective products, prescription drug errors, surgery errors and malpractice. A victim may bring a case of Personal Injury if he/she suffers permanent disability because of the other’s negligence. Damages recovered in Personal Injury claims can cover all medical costs, lost wages, disfigurement, emotional agony and psychological suffering.
Some common injuries that occur in personal injury cases include whiplash injuries caused by vehicle collisions; dog bites that cause severe, permanent damage; burns caused by hot cooking devices; and fractured bones resulting from slip and fall accidents. Personal Injury attorneys also help victims of medical malpractice cases bring legal claims against healthcare providers and other institutions liable for negligence. It is important to seek representation from an experienced personal injury attorney to ensure that your rights are protected throughout the process.
In order to receive financial compensation in a personal injury case, it is essential to establish two factors. First, there has to be a causation link between the defendant and the victim. For instance, the victim who was hit by a drunk driver has established a causal link between the accident and drinking, which in turn established a causal link between the drunk driver’s behavior and his accident. The same is true with other cases where a defendant acts unreasonably or with gross negligence. In such instances, the victim’s claim for damages cannot stand unless it can prove the link between the defendant’s conduct and the victim’s injuries. This proves to be extremely difficult to do in the event that the victim simply “says” that the conduct of the defendant resulted in her or his injury.
Second, there must have been actual physical damage to the plaintiff. This differs from negligence in that the plaintiff in a negligence case does not need to establish that there was a causal link between the conduct of the defendant and his or her injuries. Actual physical injuries may be established if, and to the extent that, they were caused by the defendants’ conduct.
In car accident injury cases, there are particular ways that plaintiffs can establish a causal link between the defendant and their injury. For instance, plaintiffs may establish a link between the defendant’s failure to properly maintain his vehicle and the plaintiff’s fall. This can be proven whether or not the defendant insured his vehicle. In the same manner, if the defendant failed to yield when it is necessary for him to avoid colliding with a plaintiff, this can also establish negligence because failing to yield can cause serious injury or even death to the plaintiff.
When people are injured in the workplace, workers’ compensation, or automobile injury cases, there are two main resources available for financial assistance: workers’ compensation benefits and/or insurance benefits. Workers’ compensation provides workers with medical expenses and other benefits for their injury and the loss of wages they would have lost had they not become injured. In terms of insurance benefits, most workers’ compensation insurance covers lost wages, disability expenses, and some costs associated with being unable to work. In either case, a personal injury lawyer will be invaluable in negotiating for the maximum amount of these two benefits. Because people injured in the workplace often cannot afford to handle such financial issues on their own, the representation of a skilled personal injury lawyer will make sure they receive the maximum available support.