Personal Injury Law: Everything You Need to Know in 2024
Personal Injury (PI) is a legal term used to describe physical or mental harm caused to you (or your property) by someone else. Personal Injury Law is made to protect you from external harm and to legally seek justice against wrongdoings. It is also known as Tort law. It allows you to claim compensation for the wrongdoing someone did to you.
Understanding personal injury law is necessary to protect yourself in this day and age. This guide will help you understand personal injury law, its types, and your rights. It also includes how to use PI law to file for compensation if you’ve been injured by a person or entity. Read the full article to find out more about PI law before proceeding to file a claim.
What is Personal Injury?
Personal Injury is a legal term. It describes any injury to the mind, body, emotions, or reputation. Personal injury law determines your rights in a situation where you’ve been hurt or have suffered damages by someone else.
You can file your claim in state or federal court as compensation for the injuries. Filing a claim makes you the plaintiff, while those who you’re filing against, become the defendant.
Personal injury laws regulate the reasons or situations for which claims of personal injury can be filed, and who you can file a claim against. It also includes the evidence you must establish to win such a case, and what you’re entitled to when you win your case.
On What Grounds Personal Injury Claims Can Be Made?
Personal Injury Law becomes applicable when an individual is injured in any one of the following situations:
Product Liability:
If you get hurt as a direct consequence of using a product, personal injury law can help you claim damages. This can be done even if the manufacturer meant no harm while developing, manufacturing, or marketing it. They are still held liable and responsible for the destructive consequences. These claims can also be made based on strict liability (a standard of liability where a person can still be held responsible without intending any harm).
Intentional Misconduct:
When someone intentionally causes you injury, personal injury law also applies. An example can be assault or battery. Personal Injury Law gives you the right to demand compensation from the assaulter.
Negligence:
Personal injury law is applicable in a situation where you are hurt due to someone’s mistake from neglect or their failure to adhere to a professional obligation. These can be medical negligence, where a healthcare provider or a doctor accidentally hurts you, or even negligence where they fail to provide standard care. Other claims under this law can be those due to accidents that happen from irresponsibility to maintain the safety of a property.
There are other incidents where you can utilize personal injury laws to be compensated for your loss. You can seek an experienced personal injury lawyer to see which of these types specifically apply to your case.
Who Can Sue for Damages in Personal Injury Law?
Personal Injury Law decides who you can sue for damages when you have suffered harm. Usually, you can make claims against a person, company, or another entity such as a government agency, responsible for causing harm to you.
However, in some cases, multiple parties are held liable and responsible for your accident. That means you can hold not just the individual responsible for your resulting distress, but also the employer who hired that individual. In such a situation, the company that hired the individual is also held accountable for the actions or inactions of their employee. In legal terms, this is called vicarious liability. This can be applied to any employer whose worker makes a blunder while at work.
Lawyers specializing in personal injury law can help review it for you, to decide who is legally required to compensate you for your loss. However, you will most likely have to deal with an insurance company. If the defendant in your case is insured, the insurance company pays damages up to the policy limits of their policyholder. They may settle with a lump sum, or offer a payment agreement plan.
What Must You Prove to Win Your Claim Under Personal Injury Law?
To win a personal injury case, you must prove that someone else has been responsible for your injuries. You can base your claims on evidence that someone harmed you. Whether the injury was caused unintentionally or not, you can claim damages. Mainly, you must prove your injury and convince that the defendant be held responsible for your losses. You and your lawyer must be able to prove, with evidence, that the defendant:
- Was obligated to a standard of care
- Failed to meet that standard
- Unintentionally, or intentionally caused your injuries
- Therefore, causing financial losses
What Damages Can You Claim for Personal Injury?
Once you’ve proven your case, you are owed some level of compensation by the defendant. Depending on the particulars of your filed suit, within personal injury law, you can claim the following types of damages:
- Economic: such as present or subsequent medical costs, income loss, property damage, etc.
- Non-economic: such as physical disability, pain, or mental anguish.
If the case goes to trial, the judge may include punitive damages. Punitive damages mean compensation that is used to punish the defendant for their intentional or tremendously reckless actions.
Your personal injury lawyer will assist you in understanding and proving the extent of your damages.
Do You Need a Lawyer to Make a Personal Injury Case?
A lawyer specializing in personal injury cases will assist you in navigating the laws regarding such a situation. Contact a specialized personal injury attorney to get assistance with applying.
Frequently Asked Questions (FAQs)
What is personal injury law?
Personal Injury Law is the law that determines your rights when you’ve been injured by another party. It gives you your right to claim compensation for the harm caused.
What is your rightful compensation for personal injuries?
You can claim monetary compensation for any present or future medical costs, or subsequent mental distress. Or if your ability to work has been affected, you can claim benefits for that as well. Additional punitive damages may be available, to punish the defendant for their recklessness.
Who can be held liable for personal injuries?
The party liable for your injuries can be a person, a company, or a government agency. They must be proven responsible for your injuries and compensate whatever they are obligated.
