Personal injury law is also known as tort law. A tort is an act that causes injury or harm to another. This tort act amounts to a civil wrong, and it’s up to the courts to impose liability. Personal injury law allows an injured person to file a civil lawsuit in court and get a legal remedy called damages for all the losses stemming from their accident.
Personal injury lawyers work to help the injured person receive financial compensation after they have suffered harm due to someone else’s negligent or intentional conduct. This compensation is used to make victims whole again after their accident. Read on for more information, or go to personal injury lawyers Fasig & Brooks to learn more.
Personal injury law basics
Personal injury rules can apply to the following array of legally complicated situations:
- Accidents. Personal injury laws apply when someone is found to have acted in a negligent manner, and those acts cause harm to another person. Examples may include car accidents, slip and fall incidents, medical malpractice, and other types of accidents.
- Intentional acts. Personal injury laws apply in situations where a defendant’s intentional conduct causes harm to another person. Victims have been awarded in intentional personal injury cases, including assault, battery, and other intentional torts.
- Defective products. Manufacturers and merchants can be held responsible if a vehicle component, consumer product, medical device, pharmaceutical, or other product is defective or unreasonably dangerous. Anyone harmed by the use of the product may be able to file a product liability lawsuit.
- Defamation. Personal injury laws not only apply to what you do, but they can also have jurisdiction over what you say. If one person’s defamatory statements cause harm to another, then they may be sued in civil court for defamation.
Who makes personal injury laws?
Many personal injury laws were converted from old ‘common law rules’. Common law rules were laws made by judges instead of laws made by legislatures or passed in bills and statutes.
Common law can differ from state to state, so the rules for personal injury law differ by state as well. Common law is not the only source of personal injury law. Legislatures have passed statutes (laws) that direct judges and juries on personal injury issues.
How does a personal injury case work?
Each personal injury case is different. However, each personal injury case will feature the following:
- Defendant does something to injure or defame the plaintiff.
- Plaintiff determines that the defendant breached a legal duty of care.
- Settlement talks occur when it is clear to all involved that the defendant breached a legal duty.
- If a plaintiff agrees to a settlement, the case ends, but if not, the plaintiff may go to court and file a personal injury lawsuit.
What do personal injury attorneys do?
A personal injury lawyer is someone who provides legal representation to individuals who have been injured in a tort accident. Personal injury lawyers work in tort law, which includes negligent acts as well as intentional acts. They pursue compensation in the form of damages for their accident victims.
Personal injury lawyers regularly do the following in an attempt to secure positive outcomes for their clients:
- Investigate claims to understand what lead to an accident and who is responsible.
- Gather evidence that supports their client’s case and can be used to receive maximum compensation for the damages done.
- Negotiate with stingy insurance companies looking to withhold as much compensation from you as possible.
- Send demand letters when necessary.
- Prepare pleadings for court appearances.
- Conduct discoveries.
- Represent your claim in court.
What types of damages am I entitled to?
Personal injury plaintiffs can be entitled to compensation for the damages they have suffered. These damages often include medical expenses, loss of income, loss of earning capacity, emotional distress, loss of consortium, loss of companionship, loss of enjoyment of life, mental anguish, and pain and suffering. These damages are often referred to as economic and non-economic damages because of how they’re calculated.
If you’re thinking about filing a personal injury case after any kind of accident or incident, discuss your situation with a personal injury lawyer.
Ellen Diamond did her degree in psychology at the University of Edinburgh. She interested in mental health and well-being.
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