What is Personal Injury Law?
Personal injury is a legal term that refers to an injury to the body, mind, or emotions, rather than damage to property. If you or someone you know has been injured, it’s important to understand what types of cases qualify as personal injury claims. This can include slip and fall accidents, car accidents, medical malpractice, dog bites, and more
Personal injury cases are different from criminal defense cases because they involve disputes between individuals, rather than crimes against society. In a criminal defense case, the defendant is accused of committing a crime, while in a personal injury case, the defendant is accused of causing harm to the plaintiff. It’s important to understand the differences between these types of cases in order to determine the appropriate legal action to take.
Personal Injury as a Legal Term
In a personal injury case, the injured person (plaintiff) seeks compensation from the party responsible for causing the injury (defendant). Personal injury law is designed to protect the rights of individuals who have been injured due to the negligence of others, and to ensure that they receive fair compensation for their losses.
What Types of Cases Qualify as Personal Injury Claims?
Personal injury claims encompass a wide variety of incidents in which an individual is injured due to the actions or negligence of another party. Some common examples of cases that can qualify as personal injury claims include:
Car accidents: If you are injured in a car accident that was caused by another driver’s negligence, you may be able to file a personal injury claim against them. This can include accidents caused by drunk driving, distracted driving, or other types of reckless behavior.
Slip and fall accidents: If you are injured in a slip and fall accident on someone else’s property due to a hazardous condition that the property owner should have addressed, you may be able to file a personal injury claim.
Medical malpractice: If a healthcare provider fails to provide adequate care and you are injured as a result, you may be able to file a personal injury claim. This can include cases of misdiagnosis, surgical errors, or other types of medical negligence.
Product liability: If you are injured due to a defective product, you may be able to file a personal injury claim against the manufacturer, distributor, or retailer of the product.
Workplace accidents: If you are injured on the job due to the negligence of your employer or a coworker, you may be able to file a personal injury claim. This can include cases of unsafe working conditions, inadequate training, or other types of employer negligence.
Personal Injury vs. Criminal Defense
| Personal Injury Law | Criminal Law |
| Defendant is accused of causing harm to the plaintiff | Cases involve crimes against society |
| Disputes over compensation for harm caused | Disputes over punishment for crimes committed |
| Typically involves a civil lawsuit | Typically involves a criminal trial |
| Focuses on providing compensation to the victim | Focuses on punishing the defendant |
| Plaintiff is usually an individual or group seeking compensation for harm suffered | Plaintiff is usually the government seeking punishment for crimes committed |
| Defendant is accused of negligence or wrongdoing | Defendant is accused of committing a crime |
| Burden of proof is lower – plaintiff only needs to show that the defendant’s actions were a factor in causing harm | Burden of proof is higher – prosecutor must prove beyond a reasonable doubt that the defendant committed the crime |
| Typically resolved through negotiation or settlement | Typically resolved through trial or plea bargain |
| Examples: car accidents, slip and fall cases, medical malpractice | Examples: theft, assault, murder |
Types of Personal Injury Claims
Navigating personal injury law can be a tricky business, especially when you’re dealing with an injury you’ve never heard of before. There are several types of personal injury claims that a lawyer can help you with. Here, we’ll dive into the different types of claims that fall under personal injury law.
The Difference Between a Tort and a Personal Injury Lawsuit
When you hear the term “tort,” it may sound like something you’d find in a bakery. In reality, it’s a legal term that refers to a wrongful act that causes harm to someone else. A personal injury lawsuit is a type of tort claim. Torts can be categorized into three types:
- Intentional torts, which are deliberate acts that cause harm
- Negligent torts, which are the result of someone’s failure to take reasonable care to avoid causing harm
- Strict liability torts, which involve harm caused by a defective product or hazardous activity regardless of the level of care taken to avoid causing harm
Torts vs. Personal Injury
While a personal injury lawsuit is a type of tort claim, not all tort claims are personal injury lawsuits. Personal injury claims are focused on seeking compensation for harm caused by someone else’s negligence. Common personal injury claims include:
What Is Considered a Personal Injury?
A personal injury is any harm caused to your body, mind, or emotions as a result of someone else’s negligence or intentional conduct. Here are some examples of what can be considered a personal injury:
- Broken bones
- Head injuries
- Back injuries
- Emotional distress
- Loss of limbs
- Spinal cord injuries
It’s important to note that not every injury will be considered a personal injury claim. A lawyer can help determine if your injury qualifies as a personal injury claim and advise you on the next steps to take.
Liability in Personal Injury Cases
When it comes to personal injury cases, establishing liability is a crucial aspect. Liability refers to the legal responsibility for causing harm or injury to another person. This is important because it determines who will be held accountable for the damages incurred. Let’s explore the different aspects of liability in personal injury cases.
What’s Liability in a Personal Injury Case?
Liability in a personal injury case refers to the legal responsibility of an individual or entity for causing harm or injury to another person. In order to establish liability, the plaintiff (injured party) must prove that the defendant (responsible party) was negligent, careless, or intentionally caused harm. This can be done through evidence such as witness testimony, expert opinions, and documentation.
| Liability Type | Explanation |
| General Negligence | Failure to use reasonable care that results in harm to others |
| Comparative | When the injured party shares fault for the accident, the compensation is reduced in proportion to their degree of fault |
| Negligence | Strict liability does not require proof of negligencetypes of |
| Vicarious | When one party is held responsible for the actions of another |
| Negligence Per Se | When a defendant violates a law, and that violation causes harm to another person |
General Negligence Claims
Negligence is the most common basis for personal injury claims. It refers to the failure to take reasonable care to prevent harm or injury to others. In order to establish negligence, the plaintiff must prove that the defendant had a duty to exercise reasonable care, that the defendant breached that duty, and that the breach caused the plaintiff’s injuries. Examples of general negligence claims include slip and fall accidents, car accidents, and medical malpractice.
Comparative Negligence
In some cases, the plaintiff may have contributed to their own injuries. This is known as comparative negligence. In these cases, the plaintiff’s damages may be reduced based on their percentage of fault. For example, if the plaintiff is found to be 20% at fault for their injuries, their damages will be reduced by 20%.
Strict Liability
Strict liability refers to the legal responsibility for injuries caused by a defective product or an inherently dangerous activity, regardless of fault or intent. In these cases, the plaintiff does not have to prove negligence on the part of the defendant. Examples of strict liability claims include injuries caused by defective products, or injuries caused by hazardous activities such as blasting or demolition.
Vicarious Liability
Vicarious liability refers to the legal responsibility of a person or entity for the actions of another person or entity. This is often seen in employer-employee relationships. For example, if an employee causes an accident while on the job, the employer may be held vicariously liable for the employee’s actions.
Negligence Per Se
Negligence per se is a legal concept that establishes negligence based on a violation of a statute or regulation. In these cases, the plaintiff does not have to prove that the defendant breached a duty of care, as the statute or regulation already establishes that a duty was owed. An example of negligence per se would be a driver who causes an accident while driving under the influence of alcohol, as this is a violation of the law.
Damages and Compensation
When you suffer a personal injury, it can cause physical, emotional, and financial damages that can impact your life. Compensation for these damages can help you recover and get back on your feet. Here are some things to keep in mind when it comes to damages and compensation:
Types of Damages You May Be Able to Recover in a Personal Injury Claim
When pursuing a personal injury claim, there are different types of damages that you may be able to recover. These include:
- Medical Expenses: This includes the cost of medical treatment, hospital stays, and medication that was required as a result of your injury.
- Lost Wages: If your injury caused you to miss work or affected your ability to work, you may be able to recover the wages you lost.
- Pain and Suffering: This includes physical pain, emotional distress, and loss of enjoyment of life.
- Property Damage: If your property was damaged as a result of the injury, such as in a car accident, you may be able to recover the cost of repairing or replacing it.
- Punitive Damages: In some cases, you may be awarded punitive damages, which are intended to punish the party responsible for the injury.
Recoverable Expenses in a Personal Injury Claim
In addition to the damages listed above, there are other expenses that you may be able to recover in a personal injury claim. These can include:
- Transportation Costs: If you require transportation to and from medical appointments or other necessary appointments, these costs may be recoverable.
- Home Care: If your injury requires home care, such as a nurse or a caregiver, these costs may be recoverable.
- Rehabilitation and Therapy: If your injury requires rehabilitation or therapy, such as physical therapy or counseling, these costs may be recoverable.
- Assistive Devices: If your injury requires assistive devices, such as a wheelchair or crutches, these costs may be recoverable.
Benefits of a Personal Injury Lawyer
If you’ve been injured in an accident, you may be wondering whether you need a personal injury lawyer. While it’s possible to handle your case on your own, there are many benefits to hiring an experienced personal injury lawyer.
Determine Your Eligibility for a Personal Injury Claim
One of the first things a personal injury lawyer can do is determine if you have a valid claim. They can review the details of your case and advise you on whether or not you have a chance of recovering compensation for your injuries.
An Accidental Injury Can Be Dangerous and Costly
Accidents can be dangerous and costly, both in terms of physical injuries and medical bills. A personal injury lawyer can help you navigate the complex legal system and protect your rights, ensuring that you receive the compensation you deserve.
Hiring a Personal Injury Lawyer Near You
There are many benefits to hiring a personal injury lawyer who is located near you. For example, they may have local knowledge of the courts and judges in your area, which can be helpful in building a strong case. Additionally, a local lawyer may have connections to other professionals who can assist with your case, such as medical experts and accident reconstruction specialists.
Other benefits of hiring a personal injury lawyer include:
- They can handle all communication with insurance companies on your behalf
- They can investigate the accident and gather evidence to support your case
- They can negotiate with the other party’s lawyer to reach a settlement that is fair and reasonable
- They can represent you in court if your case goes to trial
Last modified: March 26, 2023
