Tuesday, December 15, 2020

Understanding “Personal Injury” as a Legal Term

Legally speaking, personal injury refers to harm that affects an individual’s body, mind, or emotions. These must be injured due to the carelessness, negligence, or wrongful behavior by another person. Since the legal definition of personal injury applies to a wide variety of incidents and circumstances, it is in your best interest to consult with a personal injury attorney to determine whether your case qualifies and what actions should be taken to correct it.

What are the most common types of personal injury claims?

The number of incidents that can lead to personal injuries is immeasurable. Vehicles of all sorts are involved in accidents whether it is a car wreck, a trucking or boating accident, or a plane crash. When it comes to premises liability cases, they may involve slip and falls or trip and falls, nuisance claims, inadequate security claims, and many others.

Medical malpractice is another important area of personal liability law. It also involves abuse and neglect in nursing homes and even animal bites. When it comes to damage to a person’s reputation or emotional harm, libel or slander are also considered personal injuries.

What would a personal injury claim need to prove?

After suffering an injury, your personal injury lawyer will help you file a claim. In it, you must prove that the defendant was negligent so that they can be held liable for what happened. In these cases, the plaintiff must prove that the behavior or actions taken by the defendant were negligent in order for the case to prevail.

Your lawyer will help structure your case in such a way as to prove that the defendant had a duty towards you under the circumstances and that duty was not carried out. In cases of car accidents, for example, drivers must drive in such a way as to avoid injuring those around them. In cases involving premise liability, the property owner or manager have a duty to keep their establishments reasonably safe for those who visit or shop there.

Once the point of breach of care has been proven, your lawyer will attempt to show that actions undertaken by the defendant constitute a breach of duty. To prove this, actions that anyone under these circumstances would have taken were not carried out. For example, if you visit a store where there is water on the floor and you slip and fall, it is expected that the owner or manager would either have cleaned it up as soon as they noticed it was there or would at least have posted signs and warnings in order for people to be aware of the possible danger. Finally, you must show that it was this situation that caused you harm.

What damages might you recover in a personal injury claim?

Damages may be economical, such as your medical bills or the wages you lost due to being unable to work because of your injuries. They may also be non-economical such as mental anguish or pain and suffering. Your lawyer will help you come up with the appropriate amount so that you may receive a monetary payment.

As you can see, this is a complicated matter that requires the right legal professional by your side. To get a better grasp on the subject, you should read more about personal injury law.

This is a guest blog entry.

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