Accidents can happen anywhere- at the workplace, street, shopping mall, hotel, or even hospital. When an accident results in serious bodily harm and someone else’s carelessness or negligence is the cause of the accident, then you can seek compensation. Sometimes, a person gets injured when the neighbor’s furious dog bites out of nowhere. You can also slip on a wet floor at the mall. In some cases, healthcare providers fail to perform their intended duty and that harms the patient. All such possible situations where another person, business, or organization is responsible for the injury come in the category of personal injury law. Injuries can have serious consequences such as intense body pain, expensive medical bills, inability to work, emotional stress, and more. To help the victim get deserved compensation for the expenses and pain, there is a law to take the negligent party to court to sue for damages.
Personal Injury Law: Meaning & Basics
Personal injury is a tort law that deals with injuries to a person caused due to someone else’s action or inaction. Injury can be of any type of cuts, bruises, sprain, fracture, head or back injury, and more. Besides physical injuries, it also includes emotional stress, anxiety, and depression. In this type of case, the victim can get a financial settlement for medical expenses, income loss, pain, and other damages. However, to get compensation, the plaintiff has to prove that the injury was due to the defendant’s negligence. Personal injury law can apply to a variety of different situations such as:
Accidents: Car Accidents, Slip and Fall Incidents, Medical Malpractice, and more
Defective Products: Defective or faulty product like medical equipment, vehicle part, or any other consumer product that causes harm comes in the category of product liability.
Intentional Acts: Intentional conduct that causes harm to another person like assault and battery and other intentional torts.
Defamation: Defamatory statement that causes harm to another.
If you have sustained injuries in an accident and thinking about filing a personal injury case, it’s best to discuss your situation with a personal injury lawyer. A qualified lawyer can evaluate your case and calculate the compensation amount you’re entitled to receive.
How do Personal Injury Cases work?
Once the victim files a personal injury lawsuit, it becomes necessary to prove that the defendant (at-fault party) did something that caused harm to the plaintiff (victim). It is not easy to establish that defendant breached a legal duty. However, an experienced personal injury lawyer can collect evidence and build a strong case. The attorney can also handle the settlement talk. Once the defendant’s breach of a legal duty is confirmed, the negotiation begins. The defendant or their insurance company makes every possible effort to settle the case outside the court and pay as less as possible. The attorney will negotiate on your behalf and make sure you get a fair amount. Once the plaintiff agrees to a settlement, the case is dismissed. However, if the defendant refuses to pay a reasonable amount, the plaintiff may go to court and file a personal injury lawsuit.
Role of Personal Injury Lawyer
The personal injury law provides legal assistance to injury victims when another individual or entity is responsible for the harm. This law gives victims the right to get financial compensation for their losses. However, proving someone else’s fault or negligence can be tricky. Only lawyers specializing in personal injury law understand the proper legal procedure and techniques to recover funds from the defendants for the injuries. The lawyer gathers evidence such as witness statements, photos of the scene, medical records, video footage from the security camera, and more. They also complete the paperwork and negotiate on behalf of their clients.