There can be several causes of injuries- your own fault or someone else’s negligence. The law protects victims of personal injury in cases where the accident is caused by someone else and the injury was the result of another party’s fault/negligence. Also known as tort law, the victim of injury has the right to pursue a legal claim against an individual, business, or entity involved in causing the harm. Personal injury law may seem straightforward in that if someone has harmed you, you have the right to seek compensation. But proving your case and recovering financial compensation isn’t that simple. Before you think about filing a lawsuit, it’s important to understand what personal injury law is, its key elements, and some examples.
Personal Injury Law- Meaning
If you’re hurt in an accident, you may want to know what are your rights and how to recover monetary compensation. As mentioned above, personal injury law deals with protecting the rights of injured victims when they are harmed by someone else. The victim can file a lawsuit in state or federal court. The injury victim who files the claim is the plaintiff while the people or entity responsible for causing the harm are the defendants.
For instance, a person gets injured in a car accident and suffered a spinal cord injury. The accident was caused by another driver who was texting messages while driving. A serious injury not only causes intense pain but also requires medical treatment that may cost a significant amount of money. Besides pain and monetary loss, the injury may also impair the victim’s ability to perform the job and reduce the quality of life. The law enables the victim to seek compensation for every loss- medical bills, income loss due to the inability to work, property damage, pain, ongoing treatment, and suffering.
Types of Personal Injury Lawsuits
Personal Injury law is a branch of civil law where victims can seek legal remedies. Some common types of personal injury lawsuits include:
- Slip and fall accidents
- Car accidents
- Medical malpractice
- Dog Bites
- Workplace injuries
- Defective product injuries
Filing a Personal Injury Lawsuit
Before a victim files a lawsuit, it’s important to evaluate the case to ensure there’s a legitimate claim and also calculate the compensation amount. Ideally, the plaintiff should hire a personal injury lawyer to file a lawsuit. A lawyer can prove that the defendant is responsible for their injuries. It’s important to gather evidence to prove that the defendant was careless or somehow responsible for the accident. There are various ways to show liability, but the most usual is to demonstrate negligence. Negligence implies failure to act reasonably under the circumstances. To prove negligence, the plaintiff needs to show:
- The defendant owed the victim a duty of care
- The defendant breached that duty
- The breach resulted in causing injuries
For instance, if a car crash case, the injured victim needs to prove that the defendant was speeding or driving recklessly. You also need to present medical bills and other evidence to show that you’re facing emotional and financial hardships due to the injury.