Understanding Personal Injury Law Basics
Personal injury lawsuits are complicated. Read on for answers to common questions about personal injury law.
What is personal injury law?
Personal injury law is known as tort law. It allows an injured person to secure money for injuries they received. These injuries could come from another party. As a result, there are different types of claims.
Common claims in personal injury cases
Any injury that is the fault of someone else is a potential personal injury case. Common claims include:
- Negligent acts: Common negligent acts include car accidents, medical malpractice, job injuries, dog bites, and fallen accidents.
- Intentional acts: These occur where an individual purposefully does something that injures another person. Examples are assault or battery.
- Product liability: If someone is injured because of a defective product, recovery is found through a personal injury lawsuit.
Who is responsible for personal injury damages?
The nature of the injury depends on the party who caused it. Some include:
- Negligent Driver: If you were in a car accident, the other driver should compensate for your injuries if they were driving irrationally. This includes speeding or failing to follow driving laws.
- Property Owner: If injured on someone else’s property, they are responsible for your injuries.
- Employer: If your employer failed to maintain a safe working environment, appropriate equipment, or accommodations, they are responsible.
Injuries that are not your fault entitle you to compensation. Damages you should include are:
- Medical Expenses: Common medical expenses include emergency transportation, hospital stays, doctors’ bills, assistive devices, and long-term rehabilitation needs.
- Loss of Income: Seek recovery for any lost wages from missing work. Future earnings and lost earning potential included.
- Property Damage: Property damages are common in car accident cases where your car was damaged or destroyed.
- Pain and Suffering and Emotional Distress: Ongoing pain, suffering, or emotional tolls should be included in a damage request.
- Loss of Enjoyment: If you can’t participate in activities that you enjoy due to your injuries, you can receive damages for this loss.
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