Personal Injury

A personal injury occurs when a person suffers either physical or emotional injury as a result of negligence or intentional conduct of a wrongdoer. Personal injury law seeks to recover damages (compensation) for injured victims due to the action (or inaction) of another person or entity. Personal injury cases can be filed by the victim, or loved ones, on three bases: negligence, strict liability, and intentional wrong.

Negligence – this type of personal injury includes those injuries that allegedly occur due to the inaction of another
Strict Liability – this type of personal injury includes those injuries that allegedly occur due to product defects.
Intentional Wrong – this type of personal injury includes those injuries that are alleged to have been inflicted upon the victim intentionally.

Causes of Personal Injury

There are several causes of personal injury. The most common causes of personal injury include:

Motor Vehicle Accidents – this type of personal injury usually involves a motorcycle, ATV, truck or car accident. These accidents typically occur due to the recklessness or negligence of another driver. Other types of motor vehicle accidents include van rollovers, school bus accident, etc.
Defective Products – this type of personal injury claim is usually filed when an injury occurs due to a defect of a product such as a tire, airbag, seatbelt, toy, pacemaker or defibrillator, stents, etc.
Pharmaceutical Drugs – this type of personal injury occurs due to a drug that has serious side effects. (e.g. trasylol, gadolinium, etc.)
Medical Malpractice – this type of personal injury alleges negligence by a doctor, hospital or other health care practitioner. Hospitals and doctors are required to order proper tests and treat conditions that affect the health of their patients. Examples include hospital mistakes, surgical injuries, blood transfusions, birth injury, cerebral palsy, medication errors, misdiagnosis, failure to diagnose, etc.
Elder Abuse – this type of personal injury involves an elderly person who is physically abused or neglected while under the care of another (e.g. nursing home abuse).
Work-Related Injury – this type of personal injury occurs due to improper work conditions by an employer (construction accident, scaffolding fall, etc.)
Premises Liability – this type of personal injury occurs on the property of another. The person who is in possession of the land (premises) is responsible for certain injuries suffered by persons who are present on the property. Common places where premises liability accidents occur are at shopping malls, office buildings and restaurants (e.g. slip and fall, attractive nuisance, swimming pool accidents, broken steps and sidewalks, inadequate security, etc.)
Animal Bites – this type of personal injury involves an animal that bites or injures another. The owner may be held liable regardless of whether he or she is guilty of negligence or intentional wrongdoing.
Toxic Exposure – this type of personal injury claim is usually filed when toxic chemicals (e.g. benzene, asbestos, etc.) are exposed to another due to negligence.
Vicarious Liability – this type of personal injury refers to the responsibility of employers for negligent acts or omissions by their employees in the course of employment.
Food Poisoning – this type of personal injury occurs when a person becomes sickened by tainted foods such as fruits, vegetables, meats, eggs, poultry, dairy products, seafood etc.

Types of Personal Injury

Traumatic Brain Injury
Spinal Cord Injury
Paralysis
Broken Bones
Back Injury
Hearing Loss
Vision Loss
Burn Injury
Heart Attack
Stroke
Blood Clot

Salmonella
E coli
Stevens Johnson Syndrome
Kidney Failure
Rhabdomyolysis
Paraplegia
Quadriplegia
Sexual Abuse
Mesothelioma
Wrongful Death

Elements of a Personal Injury Case

Some important elements necessary for a successful personal injury case include:

Liability – This refers to proving the defendant did something wrong. Examples include manufacturing defect, driving drunk, running a red light, etc.
Damages – Damages can include physical injury, medical expenses, lost wages, mental distress, wrongful death, disfigurement, etc. Not every kind of damage is present in each case.
Collectability – This refers to whether the defendant has insurance that covers their wrongdoing.

Filing a Personal Injury Lawsuit

If you have suffered a personal injury as a result of another’s negligence, then you may have grounds for a lawsuit. Personal injury lawsuits are intended to provide financial compensation for your injury, as well as for associated losses like property damage, hospital bills, time off work and pain and suffering.

If you are considering filing a lawsuit, it is important to be aware that personal injury lawsuits generally have a set time limit within which a claim must be filed, referred to as statute of limitations. The statute of limitations differs in every state depending upon the nature of injury.

For example, in some states you only have a year to file a lawsuit for an injury sustained in a car accident. However if a person develops cancer, or some other chronic condition several years after being exposed to a harmful substance (e.g. asbestos exposure, etc.), the statute of limitations begins at the moment he or she became ill, rather than the moment he or she was exposed. Most states have another set of laws governing medical malpractice lawsuits, so it's important to consult with a lawyer to learn about the restrictions and particulars pertaining to your specific case.

Personal Injury Settlements & Verdicts

Those who prevail in their personal injury lawsuits are typically entitled to recover damages. The amount recoverable is determined either by a judge or jury on a case by case basis. A personal injury award may include two types of damages; compensatory and punitive damages.

Compensatory Damages – these types of damages are designed to place a victim in the position they would be in if the injury never occurred. There are two types of compensatory damages; monetary and non-monetary losses.
Punitive Damages – these types of damages are not designed to compensate the victim, but to punish the defendant for inflicting the victim’s injuries through a reckless or malicious act and to deter or reform others from engaging in similar behavior.

Personal Injury Attorney

If you are considering filing a lawsuit, it is important to seek an experienced personal injury attorney that is familiar with your states laws.