A personal injury is a legal term used to describe any physical or mental injuries or property damage caused to you by another party’s negligence. All cases stem from a principle known as a duty of care.
When we breach that duty and someone gets hurt, we are liable for their damages. If you were injured due to someone else’s negligence, you could receive financial compensation if you can prove that the other party breached their duty of care and caused your injuries.
This is where a personal injury attorney can help to ensure that you are properly compensated for your economic and non-economic damages. When someone wants to initiate a personal injury claim, there are three grounds on which they can be brought.
Personal Injury Explained
The first basis on which a personal injury claim can be initiated is negligence. This is the most common reason seen in personal injury claims.
If you drive your car to work, and a reckless driver crashes in on you, that driver breached their duty of care and is now liable. If a doctor gave you the wrong treatment and caused harm, they also breached their duty of care and should be held accountable for their actions.
Based on the damages that you have suffered, you can be compensated for your injuries, medical bills, lost wages, pain and suffering, property damage, depression, and more.
The second ground in which a personal injury claim can be brought is strict liability. It portrays a situation in which an individual committed an action that caused harm to another regardless of their state of mind or intention — for example, a defective product.
The manufacturer clearly didn’t intend to cause harm to anyone through the use of their products. However, since the product was defective and caused harm, the manufacturer can be held liable.
Lastly, the worst type of personal injury is intentional wrongdoing. It refers to an individual purposely harming another. Some examples include assault, battery, land trespass, or infliction of emotional distress with intention.
Types of Personal Injury Cases
Personal injury claims can arise from either harm done to the body or non-bodily harm. Some examples of personal injury include:
- Medical malpractice
- Workplace accidents
- Automobile accidents
- Product liability
- Nursing home abuse
- Slip-and-fall accidents
- Premises liability
You can be awarded financial compensation based on the type of damages you have suffered due to your personal injuries. When it comes to personal injuries, you can be compensated for economic and non-economic damages in accordance with the state where you live. Some states have a cap on damages, for example.
Economic damages refer to objectively verifiable monetary losses such as loss of past and future earnings, repair or replacement costs, past and future medical expenses, and property damage.
Non-economic damages refer to subjective non-monetary losses such as emotional distress, loss of companionship, pain and suffering, PTSD, anxiety, or depression.
How a Personal Injury Lawyer Can Help
No matter your personal injury type, you deserve adequate compensation for your troubles. With a personal injury lawyer by your side, you can rest and heal while your lawyer does the hard work and prepares your case.
They will know what to include in your claim and how much it is worth. With a lawyer helping you, you will most likely settle your case outside the court, which is sometimes faster and easier. Without legal aid by your side, you might not receive fair compensation for your injuries. Contact a personal injury lawyer today and let your voice be heard.