A Super Quick Guide to Personal Injury Law
Personal injury law is very broad and covers virtually any type of accident where someone is injured. It includes both physical and emotional damages.
Often, it will encompass damage to personal property as well. If your injury was caused by the carelessness of another person, then you may have a valid personal injury claim.
10 of the Most Common Examples of Personal Injury Cases
Here are just a few examples of common personal injury cases:
- Car accidents
- Dog bites
- Slip and fall incidents
- Motorcycle accidents
- Trucking accidents
- Construction accidents
- Defective or dangerous products
- Work injuries
- Medical malpractice
- Swimming pool accidents
What Are the Basic Requirements to a Personal Injury Case?
Most personal injury lawsuits involve the legal theory of negligence. The theory of negligence assumes that every person has a duty to others to act in a reasonable manner. If a person acts carelessly or recklessly, then he or she is considered negligent.
There are four basic requirements to prove negligence in a personal injury case.
1. A duty existed between the wrongdoer and the person harmed
2. The wrongdoer violated that duty
3. The wrongdoer caused harm
4. There are compensable damages involved
If the victim can prove all four elements, then he or she is usually able to collect monetary damages to help compensate them for any losses or damages.
Although money cannot heal all wounds, it is the only real way that the court system has to compensate victims. Typical damages may include:
- Lost wages
- Pain and suffering
- Medical expenses
- Loss of enjoyment of life
- Loss of earning capacity
Dealing with Insurance Companies in a Personal Injury Case
Most personal injury cases will involve the wrongdoer’s insurance company if they have one. For example, in a car accident case, you will likely negotiate a settlement with the insurance company before trying to take the case to trial.
In fact, most cases are worked out at this stage. However, if you are unable to obtain a fair settlement, then the personal injury case could go to trial.
Insurance companies are very skilled in personal injury law and obtaining favorable settlements. Although dealing with the insurance company can be difficult, it is often a blessing that they are involved.
Without insurance companies, individuals may not be able to afford to pay medical expenses, lost wages, etc. for the victim. It is much harder to collect monetary damages even after a successful judgment when there is no insurance company involved.
Don’t try to deal with the insurance company alone. Get help from an experienced & qualified personal injury lawyer , and get the compensation that you deserve.