There are so many personal injury risks around you in your daily course of work. Knowing what the law says about such cases can help you recover damages and get compensation for any harm suffered. This personal injury 101 article breaks down the basics you need to know regarding personal injury law.
What is Personal Injury?
In legal terms, personal injury refers to any damages, physical or psychological or both, which a person incurs as a result of the fault(s) of another person. Personal injury covers all injuries that are caused by someone else’s negligence or carelessness.
Types of personal injury
· ACCIDENTS FROM VEHICLES: these include anything from automobiles to golf carts to airplanes. Since cars are the most used means of transportation, they also contribute to the most personal injury claims.
· SLIP & FALL ACCIDENTS: These accidents come as a result of dangerous situations/circumstances being allowed to exist at any premise without warning or steps to prevent them. As a result of this negligence, innocent victims slip and fall and suffer injuries.
· PRODUCTS LIABILITY: These claims arise from injuries caused by defects in a product as a result of the manufacturer’s negligence or carelessness. It covers things like defective medical devices, toys, cars, drugs, etc.
· MEDICAL MALPRACTICE: These cover claims against medical professionals who caused injuries or death because their care did not meet or was against their practice standards.
· NURSING HOME ABUSE: These are claims against a nursing home facility and/or its employees for actions that are negligent or violate a resident’s rights.
· INTENTIONAL ACTS: While most willful acts fall under criminal law, victims can still sue for personal injury if the actions resulted in damages or physical and psychological injury.
· DEFAMATION: These are claims against individuals or companies who have issued statements that have harmed the reputation of the suing party.
Elements of a successful personal injury case
For you to have a successful case, your suit should have the following elements.
1. A duty of care
You have to demonstrate that the defendant had a duty of care for others and thus had to act in a responsible manner that will not cause harm or injuries to other people.
2. Breach of Duty
Having established (1) above, you have to show the court how the defendant went ahead to break their duty of care. For example, the law requires companies to create safe products for use by people. In your case, you have to show how in making a defective product, they broke their duty of care.
3. Cause and effect
Causation is an essential element in a personal injury case. You and your legal team have to show the court that your injury or damages were the direct results of the breach of duty in question.
Should your case be successful, the court will award your damages which is often monetary compensation. Damages seek to compensate the monetary loss incurred because of things like medical expenses, trauma from the pain and suffering (loss of quality life), and wages lost because, over the period, your injury prevented you from working.
FAQs about personal injury law
How do I know if I have a personal injury case?
Contact a personal injury law lawyer to examine your circumstances and evaluate the evidence. A personal injury lawyer is best placed to let you know if you have a case.
How long will my personal injury case take?
Oftentimes personal injury claims are settled before going to a trial. In which case, the period is usually several months. Should your claims get to trial, the case is influenced by several other factors, and it could take months or even a couple of years.
What determines the amount of money I receive as compensation?
Factors like your injury severity, days off work, impact the injury has on future earnings will be considered in determining your compensation.
Learn more about compensation in this article.
Why do I need a lawyer for my personal injury case?
A personal injury lawyer is essential in not only determining if you have a case but also guiding you through the process.
Injuries and damages to you or your properties can result in a lot of pain and suffering as well as monetary loss. Whether it is through willful action or the result of negligence and carelessness, you should not bear the cost alone. Contact us today at Stambaugh Law – Personal Injury York PA and let us walk you through aspects of Personal Injury 101. We can help you get the compensation you need to cater to the financial loss.