Millions of people seek treatment for injuries annually. But not all of these injuries are subject to personal injury law; it only applies when someone is responsible for your injuries through negligence or intentional conduct.
So, if you have been injured under circumstances where you believe you deserve compensation, it is important to understand the basics of personal injury law.
“The best approach is to seek guidance from a personal injury lawyer,” says attorney Brian Wallace of Foster Wallace Personal Injury Lawyers. “A hardworking attorney can help explain the circumstances of your situation and your potential for compensation.”
This article outlines the fundamental principles and key elements of personal injury law to provide a clearer understanding of how it works.
Understanding Personal Injury Law
Personal injury law defines the legal rights of individuals who suffer harm due to the actions or negligence of others.
In most instances, personal injury cases are under the purview of state governments, with the processes and outcomes depending on the state’s personal injury law.
But, the federal government may have jurisdiction in some cases. For example, cases where the plaintiff and the defendant come from different states and the claim is worth more than $75,000. Another example is when the lawsuit is based on a fact under federal law.
Types of Legal Claims
Many situations can give rise to a personal injury lawsuit. But all situations fall into three main categories; accidental injuries claims, strict liability claims, and intentional torts.
Most personal injury claims fall under the accidental injury claims class and involve injuries caused by another person’s negligence. A person is said to be negligent for failing to uphold their duty of care to the complainant resulting in an injury. This applies to accident-related claims such as car accidents, medical malpractice, and premises liability cases.
Strict liability usually applies in product liability lawsuits where the manufacturer is held liable for injuries, even when there is no proof of negligence or malicious intent.
An intentional tort lawsuit is just like the name suggests. It arises in cases where the defendant’s conduct was willful and deliberate. For example, injuries resulting from a case of battery or assault.
Proving a Personal Injury Claim
Compensation for personal injury cases is not automatic. You must prove through a preponderance of the evidence that the defendant is liable for your damages. A “preponderance of evidence” standard is less strict than the “beyond a reasonable doubt standard” applied in criminal courts since you only need to show that it is more likely than not that the defendant was responsible for your injuries.
For accidental injury lawsuits, you must also establish all four elements of negligence. However, in cases involving defective products, you only need to show that the producer was obligated to produce safe products.
Intentional tort lawsuits often come after a defendant’s criminal conviction, but there are circumstances where it could still stand without a criminal conviction. A perfect example would be the infamous O.J. Simpson saga.
Recoverable Damages
The goal of filing a personal injury claim is to recover damages. So, you may be interested in knowing what you will likely get from your claim. All cases are different, and so are the settlement amounts.
However, the most common recoverable damages may include lost wages, medical expenses, pain and suffering, emotional distress, and loss of life’s enjoyment. The quality of your legal representation is critical, so be careful when selecting your attorney and ensure that they specialize in the type of case you are pursuing.