Personal injuries include all types of injuries to a person's body, emotions, or reputation, as opposed to injuries to property rights. Every tort claim, regardless of its basis, whether intentional, negligent, or strict liability, has two basic issues: liability and damages. Was the defendant responsible for the damages you suffered and, if so, what is the nature and extent of your damages? If you can prove your liability and damages, our justice system will award you compensation for your loss. If you decide to take steps to protect your legal rights after an accident or injury, you may have several general questions about a personal injury claim.
For example, when legislatures passed workers' compensation laws, they essentially excluded all work-related injury cases from the area of personal injury and made workers' compensation the exclusive remedy for injured workers (in most cases, they excluded injury-related lawsuits against employers). Personal injury laws apply in situations where the intentional conduct of a defendant causes harm to another person. This would involve making an offer of monetary compensation to the injured person, in exchange for the injured person's binding promise not to file a lawsuit for the injury. Common law can differ from state to state, so personal injury law rules may not be uniform across the country.
The purpose of the personal injury system is to allow the injured person to receive financial compensation or recover after suffering harm due to the negligent or intentional conduct of another person. Personal injury cases are legal disputes that arise when a person is harmed as a result of an accident or injury, and another person may be legally responsible for that harm or tort. The responsible person's insurance company will pay monetary compensation to the injured person for medical bills, pain and suffering, and other ongoing medical expenses. Personal injury lawsuits are generally designed to return the injured party to the same financial situation they would have been in had they not been injured.
Simply put, negligence in the legal context means that a person or party had a legal obligation to another person or party that was breached, causing injury or damage. Any potential personal injury case requires a detailed understanding of the facts, processes, and the law. Depending on the type of personal injury and the damages of the injured party, the duration of a lawsuit can range from a few months to a few years. Much of common law has been compiled into something called the Reformulation of Grievances, which is a kind of guide that explains what the rules are, and many states rely on it when it comes to personal injury.
If the case involves medical negligence, your personal injury lawyer will work with insurance companies and hospital lawyers. The legal elements that govern personal injury cases include the legal obligation that the defendant might have to the plaintiff, the breach of that legal obligation, the causality between the default and the plaintiff's injuries and the resulting damages suffered by the plaintiff.
