Personal injury law is an area of law that focuses on compensating people who have suffered harm (be it physically, emotionally, or financially) because of another party’s negligence or wrongdoing. This “other party” could be an individual, a company, or even a government agency.
There are different types of personal injury claims, and the key concept in all of them is negligence. This means someone failed to take proper care, which resulted in your injury.
For example, if a grocery store spills water on the floor and you slip, breaking your arm, you can file a personal injury lawsuit against the store owner. They had a duty to maintain a safe environment, and their failure to do so (negligence) caused your injury.
Cases Where Personal Injury Law Is Applicable
Personal injury law covers a wide range of situations. Here are some common examples:
- Car accidents: If another driver’s recklessness causes you to crash, personal injury law can help recover compensation for medical bills, lost wages, and pain and suffering.
- Slip and falls: Property owners have a responsibility to keep their premises reasonably safe. If you slip and fall on a wet floor due to the owner’s negligence, you may have a case.
- Dog bites: Dog owners are generally liable for their pet’s attacks.
- Medical malpractice: When a doctor, nurse, or other healthcare professional’s mistake causes you harm, personal injury law can help you seek compensation.
- Product liability: If a defective product injures you, you may have a claim against the manufacturer, distributor, or seller.
How Personal Injury Law Can Help You
If you’ve been injured due to someone else’s negligence, the impact can be devastating. Medical bills can pile up, you might miss work, and emotional distress can take a toll. Personal injury law can help ease this burden by:
- Obtaining compensation for medical expenses: This includes past, present, and future medical costs associated with your injury.
- Recovering lost wages: If your injuries prevent you from working, or limit your earning capacity, you can seek compensation for lost income.
- Securing compensation for pain and suffering: Personal injury law acknowledges the physical and emotional pain caused by your injury.
- Punitive damages: In extreme cases, where the at-fault party acted with malice or reckless disregard for safety, punitive damages may be awarded to punish them.
The Key Concepts in Personal Injury Law
Here are the concepts that form the basis of personal injury law:
Statute of Limitations
Every state has a time limit (statute of limitations) to file a personal injury claim. If you happen to let these deadlines go by before you contact a lawyer, there might not be much they can do to help you get compensation. Immediately after you’ve been hurt, contact a competent personal injury lawyer so they can kickstart the claims process.
Contributory Negligence
Some states have laws on contributory negligence, which means if you are partially at fault for your accident, it may affect your compensation amount.
Non-economic Damages
These damages compensate for intangible losses like pain, suffering, and emotional distress. Your lawyer will work to assess the extent of these damages and then come up with an amount that can equate the level of intangible losses that you have suffered so far with those you’ll suffer in the future.
You might need psychological help to recover from these damages; the cost of that will be factored into the overall compensation too.
Finding the Right Lawyer
You need a lawyer who is experienced in personal injury cases specific to your situation (e.g., car accidents, medical malpractice). You can schedule consultations with a few lawyers to find one you feel comfortable with and who clearly explains your options and fees.
Personal injury law exists to help those who have been wronged. By understanding your rights and seeking legal guidance, you can pursue the compensation you deserve to get back on your feet.