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What are personal injury cases?
- March 28, 2017
Personal injury cases are those cases that involve someone being hurt because of the negligence or carelessness of someone else. These situations may cover times when someone is physically hurt as may happen in a car accident, but it also includes situations where someone’s emotions or mind is hurt. Personal injury law is also known as tort law, and it includes wrongful death situations as well as cases that only involve injury. A wrongful death case occurs when someone incurs fatal injuries because of the carelessness or negligence of someone else.
Suing for Damages
There are two main parties involved when someone begins a personal injury case. In general, the person who is injured will sue the person or business who was careless and negligent and thus caused the injury to occur. The person injured is known as the plaintiff in the case, and the person or business who caused the injury is known as the defendant.
In a personal injury case, the plaintiff is asking for compensation from the defendant for the injuries or emotional or mental harm that were caused in the situation at hand. This compensation is generally demanded in the form of money, and this money is called damages. Therefore, if you feel that you deserve compensation for injuries in a personal injury case, you will be doing what is called “suing for damages.”
Common Types of Personal Injury Cases
There are innumerable instances and situations that can end up becoming personal injury cases, but some types of the These cases are more common than others. The most common types of personal injury cases are car accidents. These may be incidents where two or more cars crash into each other, but it can also include occurrences that involve motorcycles, trucks, construction equipment, bikers or pedestrians.
There are other situations that can become personal injury cases as well. For example, animal bites and attacks and especially dogs bites and dog attacks commonly become personal injury cases. In addition, there are slip and fall injury cases, defamation injuries, consumer product liability cases, injuries that occur from ultra hazardous activities and many others.
As you can see, in many of these cases, it’s not uncommon for other types of compensation for damages to be involved as well. For example, property damage may be a part of a personal injury case like a car accident where someone is seriously injured and their car is totaled. But it is important to remember that personal injury law only focuses on physical, mental and emotional injuries that happen to individuals or wrongful death situations.
Bringing the Case to Court
Simply being injured in an accident does not mean that you can sue for damages. Personal injury cases that are legitimate usually involve an element of carelessness or negligence on the part of the defendant. For this reason, in order to win a personal injury case, it is required that you prove negligence. Negligence occurs when an individual or business does not meet the legally-mandated duty of care that is assumed of them.
For example, if a surgeon or doctor was negligent in a medical malpractice personal injury case, this means that they did not act as a reasonable member of their profession, and because of this, they caused the injury or death of another person. In other words, they needed to act as a reasonable person in their situation should act. Sometimes, acting as a reasonable person in a specific practice or situation could result in injury or death of another without it actually being the defendant’s fault. This is for a jury or judge to decide when the case was brought to court. Because evidence of carelessness or negligence is so essential to a personal injury case, it is important that the plaintiff in a case like this has ample legitimacy and evidence to defend their position.
If you have been injured in one of the situations listed above, it’s important that you contact a respected lawyer as soon as possible. With an experienced attorney on your side, you will be able to discuss the possibility of acquiring damages for the medical bills and pain and suffering that you incurred because of the accident.