What is Personal Injury Law?
Personal injury is the legal term used when the plaintiff has incurred an injury to the body as a direct result of the defendant’s negligence or misconduct. It can include emotional or mental anguish. It does not extend to the damage of another person’s property. Oftentimes this term is attached to a lawsuit. These laws vary from state to state, but they allow a victim who has suffered an injury to recover financial compensation for any losses that their injury may have caused them. These injuries can include property damaged during the course of an accident as well as medical suffering and all of the costs associated with it.
Car Accidents in Personal Injury Law
The most commonly seen lawsuit cases are car accidents in personal injury law. Other accidents can include injuries that are related to dangerous defects in products, slip and fall accidents from improperly maintained property, or medical problems associated with exposure to dangerous substances. Cases pertaining to medical malpractice, worker’s compensation, and libel may also fall under the scope of these laws. If your injuries have caused you to suffer a loss, then you may be able to seek financial restitution.
Types of Compensation
Winning a lawsuit will allow you to receive compensation for your monetary losses. Compensated losses can include the loss of personal belongings or property. You may receive compensation for past and future loss of income or wages. The defendant may be required to pay medical costs that are incurred during treatment of the injury. This also includes the medications prescribed to treat the medical condition caused by the accident. The defendant may be ordered to cover the cost of any treatments or medications you need in the future. They may even be responsible for the cost of home renovations necessary due to a life altering injury. In order to receive these compensations, it is important to keep detailed records of all financial losses and expenses that are directly related to the accident.
Punitive damages are the law’s way of teaching the defendant a lesson in the hopes of preventing any future repeats of the incident. If there has been neglect of a malicious or abhorrent nature, then there may be a claim for punitive damages. In the event of libel or slander, the claimant may recover costs associated with the damage to their reputation or mental stress incurred as a result of the negative attention. These laws make the responsible person pay financially for your losses and can include long term care or lifetime needs directly resulting from the injury. This may even extend to covering wages that will be lost over your lifetime in the event that you can no longer work. This civil suit is separate from any criminal charges that may be brought against the defendant.
Medical malpractice is another part of personal injury law. Malpractice occurs when the doctor does not follow proper medical procedure during the course of treatment or makes a grossly erroneous mistake during diagnosis or treatment causing injury to the patient. The patient may be able to seek financial compensation for these injuries.
Worker’s compensation can also sometimes fall under the scope of personal injury law. There are separate regulations that generally govern these types of injuries. However, if the work related injury occurs as a result of negligence in regards to following safety procedures, the injury may fall outside the scope of the worker’s compensation system. In these cases, the worker may need to obtain an attorney to help them recover the losses related to their injury.
Personal Injury Attorney
Personal injury attorneys provide legal assistance and representation to parties who claim they have been injured as a result of the negligence or wrongdoings of another party. These attorneys can help the plaintiff navigate through these laws and the court proceedings. Finding one that specializes in your type of injury is recommended. These specializations mean that they have experience in dealing with specific types of personal injury and can apply the benefit of their knowledge to your case.
Fees and Costs
Often times, personal injury firms will charge a contingency fee. This means that they do not receive payment until there is a settlement or winning verdict. The charges will then be billed as a percentage of the award amount of the settlement plus case costs. Case costs refer to how much money the firm put into planning and preparing for the trial. This can include filing fees as well as other court expenses. The costs are worth paying in comparison to the amount of financial compensation you can obtain with the help of a qualified personal injury attorney.