Basics of Personal Injury Law

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When a person gets injured, it results in physical pain, financial loss, and even psychological harm. Sometimes these injuries are a result of our own negligence but sometimes another individual, business, or even a municipal entity can cause physical injury or psychological harm. If the injury is a result of another party’s fault, negligence, or malicious intentions, the injured person can receive legal protection. There is a separate law known as tort law that covers personal injuries and accidents that cause bodily or emotional harm. However, to seek legal remedy, the injured person needs to prove that someone else’s wrongful actions have caused the pain or suffering. To know more about tort law and the types of accidents covered under this law, let’s find out more about personal injury law.

What is Personal Injury Law?

Personal Injury Law provides a legal remedy in form of financial compensation to individuals who are the victim of any physical, psychological, or emotional injury due to the negligence of some other entity, business, or individual. The at-fault person or organization is legally responsible to pay for the damages that are a result of the injury. The amount of compensation is calculated based on the severity of the injury and resultant loss in form of pain and suffering. The compensation amount covers the medical bills, future treatment, loss of income due to inability to work, as well as emotional distress or mental anguish caused due to the injury.

When it comes to harm, there can be three types of harm or damages- physical harm, property damage, or damage to one’s reputation. The personal injury law protects if the victim suffers physical or emotional harm due to negligent acts, malicious intentions, or recklessness of another party. So, a personal injury lawsuit usually covers:

  • Physical injury
  • Pain and suffering
  • Emotional distress

It means that if you have got injured in a motor vehicle accident due to a reckless driver, you could expect to be compensated. Likewise, if you slip on a wet floor in a mall or your neighbor’s dog bites you due to the owner’s negligence, you are entitled to seek compensation that would cover medical bills, anticipated future medical expenses, as well as income loss due to absence from work. You can also seek compensation for the emotional trauma which is a result of the injury.

How to Get Compensation?

The victim needs to file a personal injury lawsuit to receive financial aid. However, it is not easy to get compensation from the at-fault party. The defendant makes every possible effort to deny the claim and avoid paying the amount. So, it’s best to hire an experienced personal injury lawyer to carefully examine your case and calculate a fair compensation amount. Without the help of an attorney, the victim may underestimate or over-value the claim amount. The lawyer also helps in gathering evidence that makes the case strong and negotiating with the insurance companies to help you get the best settlement. A lawyer specializing in personal injury law can handle cases such as:

  • Motor Vehicle Accidents
  • Slip and Fall Accidents
  • Defective Products
  • Workplace Injuries
  • Medical Malpractice.
  • Animal Bite Injuries
  • Pedestrian Accidents
  • Wrongful Death, and More

 

Besides negligence, sometimes the defendant intentionally inflicts harm on the plaintiff. The cases of intentional torts include acts such as a false statement that results in wrongful imprisonment or infliction of emotional distress and defamation that causes harm to the plaintiff’s reputation.  Premises Liability also comes in the category of tort law where the property owner is responsible for maintaining safe premise conditions. If a person gets injured within the property due to inadequate lighting, faulty wiring, uneven or wet floor, or inefficient security, the victim has the right to seek financial compensation.

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