Personal injury is a lawful term to describe an assault to the body, emotions, or mind, rather than an actual physical injury to physical property. In many Anglo-American jurisdictions today, the word is most often used to describe a kind of civil lawsuit in which the plaintiff bringing the lawsuit has actually endured a personal injury to his or her psyche or body. This is not to say that the plaintiff cannot bring an action against an individual who has actually caused physical harm. That is beyond the point of this discussion.
The key issue in a personal injury claim within the legal framework of the United States is liability. In other words, if there is to be any sort of justice between those who are party to the accident and those who are injured, then liability needs to be determined. Virtually all civil actions and claims arising from one of two clearly identified legal aspects: negligence and breach of contract. Simply put, when you drive your car down a public street, you are subject to the law regarding negligence. Should you or anyone else be injured as a result of that negligence, you may recover damages from the responsible party.
Conversely, when you are involved in an automobile accident with someone else who is driving under the influence of alcohol or drugs, you are subject to the laws regarding personal injury claims. That’s because you are suddenly putting yourself in harm’s way even though you had no prior knowledge of the impending danger. If you are injured because of that situation, you should know that the issue of negligence is an element of your case. It is essential that you obtain the services of an experienced personal injury lawyer to handle your case. You must proceed with caution so you don’t unintentionally defeat your legal right to recover.
The first legal aspect of a bodily injury lawsuit involves what is generally known as “contributory negligence”. This means that the responsible party was negligent in some way, and was aware of that fact at the time of the incident. Some common examples include being in a vehicle while drunk, being careless while operating a motor vehicle, or even leaving the scene of an accident without providing proper care for others. Regardless of whether you suffered actual physical injuries or a combination of these, you can seek monetary compensation from those who caused it.
The second aspect of this particular area of injury law is “contributory negligence”. Essentially, this requires that the responsible party had more than mere negligence in their conduct to be found liable. In other words, if you suffered an injury from the carelessness of another, this will support your claim for damages. This element is extremely important, especially where you live in a state where automobile drivers are required to wear safety helmets. In these instances, the injuries sustained could well turn out to be serious, if not fatal.
The final component of personal injury law is coverage for lost wages and medical expenses. These are often necessary in order to recuperate from injuries sustained while driving a car, even if the accident was not your fault. If you sustain serious injuries in a car accident, it is likely that you will be unable to work in the same capacity as before. Even if your insurance policy covers the costs of these injuries, the amount may not be enough to cover all of them, leaving you with a large debt that is the product of a car accident.
As previously stated, this area of law deals primarily with motor vehicle accidents, but it does encompass other types of incidents. If you have been harmed by another person’s failure to use personal care, this falls under claims law. As previously mentioned, you must show that the defendant failed to take reasonable care for you, or you cannot collect damages from them. This will often mean showing that the victim suffered an injury due to their own negligence. However, sometimes the negligence of someone else can also apply, and if that is the case, you will want to consult with an attorney who has experience in this type of claim.
You should keep in mind that if you elect to pursue claims through the courts, you will have to do your research. In many personal injury cases, the insurance companies fight vigorously to limit the compensation that can be collected. After all, they stand to lose a large amount of money should the plaintiff be awarded damages. While they would prefer to settle out of court, they are also obligated to allow the plaintiffs to recover their losses. For that reason, consulting with an experienced attorney can help you decide whether or not to proceed with the case.