Personal injury law covers cases where an individual is hurt or injured due to another’s negligence. To request appropriate financial compensation, the plaintiff or victim will have to hire a competent personal injury lawyer.
Personal injury law differs from criminal law. It is a civil law where a private party sues another individual, company, or entity. In criminal law, it’s the government versus the accused.
Here, we will explain how the personal injury law, also called “tort law,” works, including common causes of personal injury lawsuit, who you can sue, and more. Read on!
Common Causes of Personal Injury Lawsuits
Here are the causes of personal injury claims.
- Dog bites
- Truck crashes
- Car accidents
- Duty of care
- Wrongful deaths
- Emotional stress
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Medical malpractices
- Defective products (drugs, medical services, etc.)
The injuries sustained in an accident can differ from one person to another. In some cases, the injury could be minor. In other cases, an accident can result in catastrophic or life-altering injuries.
In personal injury cases, the severity of the injury influences the financial compensation a victim will receive. The financial compensation of a person who sustains a spinal cord injury will unarguably be larger than someone who sustains a minor burn.
The reason why people whose injuries are more severe get bigger financial recovery is simple. Life-altering injuries take longer to treat. They are also far more expensive to treat.
To obtain the appropriate financial compensation, personal injury victims must seek the services of capable personal injury attorneys. A lawyer will evaluate your case and tell you know the chances of winning or getting the financial compensation you seek.
The personal injury lawyer handles cases based on injuries, such as:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries (SCIs)
- Internal organs
- Fractures
- Burns and scarring
- Soft tissue injuries
- Limp injuries and amputations
Who Can Be Sued In Personal Injury Law In The United States of America?
The personal injury law dictates who you can sue or make a claim against for injury or wrongdoing.
In this situation, your case can be against an individual, organization, or entity (government establishments) responsible for the harm you suffered.
Furthermore, there can be multiple defendants in a personal injury case. In other words, you can file a claim against more than one person. This is possible in medical malpractices.
In medical malpractice lawsuits, the victim can sue the doctor directly responsible for the injury suffered, including the hospital. You are suing the hospital for employing a doctor who is unqualified for the job.
What You Require To Win A Personal Injury Case
If you are harmed and want to sue the person, company, or entity responsible, you must be prepared to prove that the defendant is liable to you. The elements of the claim you’re making will determine if the case is worth pursuing.
The court will consider diverse elements of your lawsuit, such as whether the tort is an intentional one, whether the defendant was negligent, or if strict liability rules apply.
Another element the judge may consider in a personal injury case is the proof that the defendant had some form of obligation to ensure the plaintiff wasn’t harmed. It could be by creating quality products or driving safely.
Unfortunately, because the defendant couldn’t live up to the obligation, the plaintiff was injured. It doesn’t matter whether the defendant perpetrated the act out of negligence or intentionally. All that matters is that the person’s action or inaction is responsible for the bodily harm suffered.
In personal injury law, you must be ready to prove that the defendant was directly responsible for causing harm to you. It is up to you to reveal the extent of the damage or injury suffered and let the court know that you can be compensated for the injury suffered.
Factors That Can Determine The Outcome of a Personal Injury Case
In a personal injury case, the plaintiff and defendant might decide to settle out of court. According to the U.S. Department of Justice, only a handful of personal injury cases (4-5%) end up in trials.
Here are factors that determine whether a personal injury case will proceed to trial.
- The seriousness of the injury sustained
- The impact the injury has on the plaintiff’s life. This includes how much the injury sustained interferes with the individual’s daily activities and work.
- The cost of the litigation
- The psychological and emotional damage the plaintiff suffered due to the injury sustained.
- How long the litigation would take before a final verdict is arrived at.
- The certainty of liability, which includes how debate is to be had to ascertain whether the defendant is guilty of the said crime.
How A Personal Injury Settlement Amount Is Calculated
The personal injury settlement or amount the plaintiff will receive depends on the facts of each case. It takes into consideration the type and severity of the injury suffered. Of course, you can’t compare a minor burn to a brain injury. The settlement for the latter will be higher.
Besides the bodily harm, other factors that determine the settlement amount include emotional harm, the cost of going to trial, and others. In general, the plaintiff in a personal injury case usually receives lower than the amount hoped for, while the defendant will pay higher than the amount hoped.
Conclusion
Personal injury law differs from criminal and other laws. It is a civil law and involves a private individual (plaintiff) suing another individual, company, or entity for bodily harm caused.
An individual who sustains a personal injury due to another’s actions or inactions can seek compensation. To pursue your case, you have to hire a competent personal injury lawyer.
To win a personal injury case, you must have the evidence to prove that the defendant is responsible for the injury you sustained. Without this, it would be difficult to win a personal injury case.
