Do you consider what will happen if an accident might come your way? Like, you’re driving from somewhere, and a speeding car came crashing your way, or you had an accident at work and unable to perform your duties? If you had considered these things, then you might be interested in what’s below.
The accidents stated above fall under personal injury law. Personal injury law refers to the legal remedies and defenses that usually involve civil lawsuits resulting from groundless conduct. Its purpose is to let the injured individual be “made whole” by being compensated financially for the harm done due to someone else’s recklessness or intentional acts.
The more important thing to consider is when and who you should call when involved in personal injury cases? Read below to know the basics of personal injury law and when to contact personal injury lawyers.
What is Personal Injury?
Personal injury is an area of law that encompasses accidents and injuries that harm you, whether physical or emotional. Personal injury is usually associated with bodily pain and includes property damage and emotional or psychological trauma. Have some time to check out Burnham Law to know more about personal injury and its facets.
Common Personal Injury Cases
- Vehicular accidents. Probably the most common personal injury cases are vehicular accidents. These accidents can cause life-changing injuries that can range from mild to chronic pain and even lifelong damage. Drivers of cars, trucks, motorcycles, even bicycles will be held liable for any negligence seen on their part.
- Workplace accidents. Injuries in the workplace are also under personal injury. When an employee has experienced negligence from their employer, whether accidental or intentional, the employee can file a personal injury lawsuit against their employer.
- Medical malpractice. Many medical malpractices are subject to personal injury; this includes misdiagnosis, improper treatment, surgery errors, pharmacy errors, mistakes in medicine dosage, and more. However, as a patient, you need to determine whether the cause of a particular action is adverse effects to treatment or medical malpractice.
- Product liability. Product liability happens when a particular product that you’re using causes severe injuries and damages. Improper warning signs and instructions on certain products may be a basis for this kind of personal injury. Defective toy parts, toxic ingredients, choking hazards, and dangerous drugs are cases of product liability.
- Premise liability. Premises liability are accidents caused by dangerous conditions on someone’s property. These types of accidents may happen anywhere. Examples include commercial spaces, private property, gas stations, malls, private swimming pools, and more. To file personal injury to both product and premise liability, you need to prove negligence on the defendants’ part.
- Assault and Battery. Assault and battery are both criminal acts, and mostly they are intentional. In this case, not only physical injury is present but as well as emotional and psychological damages.
- Wrongful death. The term describes a case wherein an unprecedented death happened either out of car accidents, construction accidents, medical malpractice, defective products, or other types of negligence.
Personal Injury Law
The personal injury law grants an injured individual to appeal to a civil court and get a legal remedy following an accident, intentional acts, negligence, or recklessness. The principle of negligence is what often constitutes personal injury cases. One example of negligence is drunk driving. Here, the responsible party ignored the harm that would go the others’ way.
When negligence is proved and established, the defendant should pay the necessary financial assistance for the injuries caused. A testimony coming from an expert may be needed when emotional or psychological damage is present.
Tort and Personal Injury Law
A tort is an act that causes injury to an individual coming from somebody else’s careless acts. The plaintiff then has the legal right to ask for financial compensation from the defendant. Torts have two classifications: negligence torts and intentional torts. The former holds the doctrine of negligence, and the latter are deliberate acts committed by others.
Torts and personal injury law are not entirely the same. Personal injury law proceeds as a result of a violation of tort law. Also, personal injury law does not only involve acts of negligence and may also cover intentional torts.
When to Contact Personal Injury Lawyers
In any personal injury case, it is always important to contact your lawyer as soon as possible. It is better to have a legal representative to get your statement than someone else you don’t trust. Talking to personal injury lawyers will also benefit you because they can give legal advice and actions that will put you in a favorable position, especially if you’re the plaintiff.
Also, a personal injury lawyer will make sure that all pieces of evidence are well-kept and preserved. The sooner you contact a personal injury lawyer to investigate and get your statement, the sooner you can focus on recovering from the damages and injury that you acquired.
Takeaway
It is true that personal injuries are unpredictable and can have massive damaging effects. From physical injuries to emotional or psychological damage, personal injuries can take its toll on individuals involved. Fundamental knowledge about the basics of legal terms and your rights, especially about personal injury lawsuits, will undoubtedly be advantageous.
