Personal injury law is a legal terminology for harm to the body, mind, or emotions. Also known as tort law, it’s intended to offer protection if you or your property is damaged because of someone else’s negligence or failure to act. A successful tort action is considered when the aggrieved party is compensated for the injury or loss incurred. Lawsuits for personal injury are filed against the person or entity that caused the harm through negligence, gross negligence, reckless conduct, or intentional misconduct, and in some cases based on strict liability. Damages are the things for which the injured person may be compensated in different ways such as; medical bills, pain and suffering, and diminished quality of life.
Types of personal injury claims include:
- road traffic accidents,
- work accidents,
- tripping accidents,
- assault claims
- Product defect accidents.
- Personal injury incorporates injuries arising from dental and medical that may lead to medical negligence.
Depending upon the intent or disregard of a responsible party, the injured party may be entitled to monetary compensation from that party through a settlement or a judgment. Although personal injury cases may result from an intentional act, such as defamation, or gross misconduct, most personal injury claims are based on a theory of negligence. For one to be held legally liable for injuries so damages based upon negligence, four elements must be proved:
- Party A had a duty to act reasonably according to the circumstances.
- Party A breached the duty.
- Party A breach of the duty caused Party B to be harmed.
- Party B suffered monetary damages due to the harm suffered when party A breached its duty of care.
The amount of compensation for a personal injury is dependent on the extent of the injury. Serious injuries such as severed limbs or brain damage that cause intense pain & suffering receive the highest settlements. A lawsuit occurs when a personal injury case is filed at a court through a document known as a complainant. This document identifies the parties to the suit, specifies what the defendant did wrong, alleges that the wrongdoing caused the plaintiff’s harm, and specifies what kind of reparation the plaintiff is seeking. It generally sets out the facts that the plaintiff will attempt to prove, and the defendant may attempt to disprove, throughout the court process. Payments to remedy the injury can either be through a settlement agreement or judgment from the trial. Payments can be either lump-sum or as a structured settlement structured where installments are done over some time.
Legal fees are charged by attorneys on a contingent fee basis, where a percentage of the plaintiff’s eventual compensation is paid if the case is successful. The amount chargeable ranges from 1/3 of the payment up to 40%. The statute of limitations on personal injury claims dictates that claims should be filed within 3 years from the date of the accident.
Damages incurred fall into two categories:
- Special damages – measurable costs which can be itemized such as; medical expenses, lost earnings, and property damages.
- General damages – this includes less measurable costs such as pain and suffering, loss of consortium, the effects of defamation, and emotional stress.
Hiring an attorney is a decision that should be made wisely to ensure success in the ensuing legal suit. Dennis & King specializes in car accident legal suits with an admirable success record. Our trained attorneys take the stress from the court process and ensure successful settlement and payment.