Understanding What is Considered a Personal Injury
You’re not alone if you’re wondering what is considered a personal injury. Even though the concept of personal injury is well established in the law, even experienced legal professionals often don’t know exactly where the boundaries lie. Fear not—this comprehensive guide will give you all the information you need on what types of injuries are considered personal injuries and what isn’t, as well as how to make a claim if you have suffered an actual personal injury. So roll up your sleeves, and let’s take a closer look!
What is Considered a Personal Injury?
A personal injury is any kind of physical or mental harm that a person gets because of someone else’s carelessness, intent, or lack of care. In order for a personal injury claim to be successful, the injured party must generally be able to demonstrate that their injuries were the result of someone else’s negligence. Whether it’s a car accident, medical malpractice, an injury at work, or a product liability case, a valid claim can be made if someone’s carelessness causes visible physical and emotional damage.
Because these cases are so complicated, the legal system is the only way to tell if a complaint is valid. As a result, those who claim to have suffered harm as a result of another person’s actions typically need to demonstrate to the court that their injuries were more severe than what is reasonable under the circumstances. This can require proof through eyewitness accounts, medical records, and more. Building a strong case can be difficult and time-consuming, but decisions made in court make defining these incidents easier for everyone involved.
It’s important for people to know what a personal injury is because that gives them the direction they need to seek compensation for their damages. Even though there isn’t a one-size-fits-all way to handle these kinds of cases, knowing what caused them can help claimants understand the steps they need to take to file a lawsuit.
Types of Personal Injuries
Some types of personal injuries are physical, while others are emotional, and some can be both. Physical injuries range from broken bones to burns and cuts and can be considered the more obvious type of injury that can be seen with the naked eye. Emotional injuries, on the other hand, are more subtle and may include things such as stress, depression, and PTSD. These types of personal injury cases are tough to prove in court and involve a high level of evidence to demonstrate how the plaintiff was impacted psychologically.
Both sides have their merits; while physical injuries can result in large medical bills or lost wages due to recovery time, emotional injuries can have long-term negative impacts on a person’s life that may not show up in medical documents or be covered by insurance.
People who are trying to decide if they can file a personal injury lawsuit should think about all the parts of their case and weigh their options carefully. In the end, it’s important to have a lawyer on your side who knows the law and can help you through the legal process. This will help you understand the kinds of personal injuries you’ve suffered and how they’re likely to affect your future.
After talking about what a personal injury is, it’s time to talk about when a person might be able to file a lawsuit against someone else who was at fault in an accident or other event that caused an injury. The best way for individuals to gain clarity about this matter is through speaking with an experienced personal injury lawyer.
- According to a 2018 article from the Insurance Information Institute, slips and falls are the leading cause of personal injury in the United States, accounting for over 29% of all claims.
- A study published in the New England Journal of Medicine found that motor vehicle accidents are the second most common type of personal injury claim, at 19 per cent.
- According to data from the American Medical Association, medical malpractice is the third-most common type of personal injury claim, accounting for roughly 14 per cent of total claims filed.
When Can a Person File a Personal Injury Lawsuit?
The question of when a person can file a personal injury lawsuit is an important one and something that should be considered carefully before taking legal action. It’s crucial to be aware of the local laws that govern your situation and determine whether you have suffered legal harm.
In general, you may be able to file a personal injury lawsuit if you can show that:
- you were hurt because of someone else’s negligence or wrongdoing;
- the other person’s actions could have caused the injury; and
- the injury caused you real, measurable harm.
For instance, if you are injured in a car accident because the other driver was not paying attention, you may be able to sue for personal injuries. On the other hand, it might be more challenging to prevail in court if your injury was a result of a natural occurrence or an unpredictable circumstance, like bad luck.
In cases where it might not be clear-cut whether a person has grounds for filing a personal injury lawsuit, seeking advice from an experienced attorney is recommended. An experienced lawyer will be able to review your case and advise you on the likelihood of success in taking your case to court. As mentioned previously, laws vary depending on the jurisdiction, so it is important to consult an attorney who is knowledgeable about the laws in your area.
When Might a Person Not Have the Right to Sue?
While it is true that a person generally has the right to sue for personal injury, in some cases, this right may not be applicable. It could be that the circumstances of the case do not permit a legal remedy or that the person was partially to blame for their own injuries. For example, if someone gets hurt while doing an extreme sport like mountain climbing or skydiving, and the danger is often talked about in ads or contracts, the defendant may say that the participant took on a certain level of risk and shouldn’t be able to get legal help.
Additionally, it is unlikely that the plaintiff will be successful in their legal claim if they are unable to demonstrate that the negligence of another party directly caused their injury. The same can be said if the jury reviews the case and finds that the plaintiff’s own negligence played a role in causing their own injuries.
These are just two examples of situations where one might not have a valid claim for personal injury. No matter what happens or what your situation is, you should always talk to a lawyer to find out if you need to take legal action.
What are the Causes of Action in a Personal Injury Lawsuit?
When considering whether or not to pursue legal action in a personal injury case, it is important to understand the possible causes of action that may be taken. These are debated and examined on a case-by-case basis by lawyers and the court. An individual must prove that someone else’s negligence was to blame for their injuries in order to have a claim. Personal injury lawsuits are often filed for things like medical malpractice, property liability, negligent entrustment, product liability, and car accidents.
For instance, in cases of medical malpractice, two parties can come before the court and debate whether the healthcare practitioner properly diagnosed and treated a patient’s condition. This could mean looking at medical records as proof, talking to other experts in the field to find out what the standards of care are for certain procedures or treatments, and figuring out if the healthcare provider followed those standards. When it comes to automotive accidents, determining fault may entail looking at police reports, witness accounts, and the actions that each party involved took.
In many civil cases involving personal injury claims, there will also be claims for damages or losses caused by the event in question. This can include recovering lost wages due to time taken off from work for medical treatment as a result of an injury or damage that was incurred in an accident. It is important to note that punitive damages may also be sought depending on state laws and the facts of the case.
When looking at potential personal injury claims for legal action, it is important for both people who want to be represented and lawyers who are looking at their potential cases to research the available causes of action under state law. This will help them figure out if they are more likely to be successful by going to court than by using other methods like mediation or arbitration. With this information at hand, one can better consider if they stand an opportunity at achieving justice through a courtroom battle—transitioning us now into how personal injury lawyers help in processing these types of cases.
How Do Personal Injury Lawyers Help with Their Cases?
When pursuing a personal injury claim, a personal injury lawyer can be a great help. Depending on how complicated the case is, the lawyer could give victims and their families very important advice about their legal options. Lawyers also know the laws and rules of their own state and can use their experience from other cases to make successful lawsuits against negligent parties. In some cases, they may also bring attention to patterns of negligence, holding a party accountable on behalf of multiple individuals.
The complexity of many personal injury cases requires specific insight and comprehensive knowledge. To make a strong case, you need to carefully look at all the evidence, such as police reports, medical records, witness statements, and so on. Lawyers can navigate the legal process and courtroom proceedings with ease and help victims seek the compensation they deserve.
In addition to helping their clients prepare their claims, lawyers often try to avoid long court proceedings by negotiating with insurance companies. Most of the time, these talks lead to settlements that are good for both sides. This is because the problems are usually solved without the victims having to go through long legal battles or expensive courtroom processes.
When suing for damages in a personal injury case, it’s helpful to have a lawyer on your side. A lawyer with a lot of experience could make it much easier for you to get compensation for pain, suffering, and other physical or financial losses.
Have you or a loved one suffered an injury due to someone else’s negligence? At SEAY/FELTON LLC TRIAL LAWYERS, we specialize in personal injury cases and can help you understand what is considered a personal injury.
If you believe you have suffered a personal injury, don’t wait. Call us today at (404) 902-6444 to schedule a free consultation with one of our experienced trial lawyers. We can help you understand your legal rights and options and fight to get you the compensation you deserve. Don’t suffer in silence; call now, and let us help you get the justice you deserve.