Personal injury is a legal term for any damage to the mind, body or emotions, rather than an actual physical injury to property. In Anglo-American law, the phrase is most often used to describe a kind of tort suit in which the plaintiff has been hurt mentally or physically. In many states, personal injury law provides compensation for pain and suffering, loss of work wages and emotional distress. There are also a variety of personal injury cases, including negligence, defamation, advertising claims, medical malpractice and industrial accidents.
In personal injury law, there are two general elements to be proven: that the person injured sustained injury, and that the person or party bringing the action bears legal responsibility for that injury. In order to establish liability, either party must show that the other party’s conduct causes the injury. Each element of the personal injury law further defines the damages, the injured person can recover. These elements vary from state to state, so it is important to consult with a qualified attorney to determine whether you have a case.
In most states, personal injury law also requires that a party seeking damages show that they were injured due to negligence on the part of another person. This requirement is codified in the New York Uniform Commercial Code. The most common law governing personal injury compensation is the common law principle, which holds that “whoever acts recklessly” is liable for damages even though that action was not undertaken in reasonable circumstances.
Negligence, like strict liability, is not a limiting factor in the personal injury claim process. For example, if the individual drives a vehicle carelessly, the driver may still be liable for the damages caused by that carelessness. Likewise, a person who throws a ball at another person’s head will also be responsible for damages even though the act did not harm the person directly. The only situation in which a plaintiff must prove “recklessness” is when the individual acted in an obvious and detrimental way to himself or herself. While these lawsuits can be complex, they are often successful.
If you choose to pursue a claim, the first step is to consult an attorney experienced with personal injury cases. An attorney should be able to review your case, review insurance company documents, gather medical records, contact witnesses, and determine if there is any evidence that you may be eligible for compensation. It is always a good idea to speak with a lawyer before taking any action related to your claim, especially if you have any doubts about your chances of success. A lawyer can help guide you through the entire process and ensure that you receive the compensation that you deserve.
Limitations are a common problem with personal injury cases. Because most states limit the amount of compensation a person can seek, knowing the limitation laws and knowing what is beyond a certain amount often saves a lot of time and money. The time limits vary greatly and often depend on the type of injury and type of event involved. In cases such as slip and falls, the time period begins to run from the date of the incident until the victim is able to reach work and the store that was damaged by the individual. In cases involving car accidents, the time period starts from the date of the accident and continues for 365 days after the accident.