Personal Injury Information Center
Personal Injury Information Center
Personal Injury, General - An Overview
Personal injury lawsuits are filed by people (or their representatives) injured due to the negligence of someone else. The injury may be either physical or emotional, and it can arise from a variety of sources or types of conduct. Some of the most common types of personal injuries that give rise to legal liability on the part of the wrongdoer include slip and fall, automobile accidents, assaults and battery, medical malpractice, and defective product injuries. The general goal of personal injury actions is to determine who was responsible and to compel them to compensate the injured person for the losses sustained. If you or someone you know has been injured by the careless actions of another, it is essential that you seek legal counsel from an experienced personal injury attorney at once so that you can preserve your rights.
Personal Injury Damages
Personal injury lawyers can help ensure that their clients receive the maximum amount of damages recoverable by law. Some of the items for which injured parties are legally entitled to compensation include past and future lost wages, past and future medical expenses, damages for both physical and emotional pain and suffering, and damages for disfigurement. Sometimes, a close family member of the injured person, such as his or her spouse, may also be entitled to damages. This award is often referred to as loss of consortium damages, which is intended to compensate the loved one for the loss of the injured party's services and companionship.
Other kinds of damages that may be awarded, depending on the laws of the state where the lawsuit is brought and the facts of the particular case, include hedonic damages, which are awarded to compensate the plaintiff for the loss of enjoyment of activities that he or she once valued but can no longer participate in as a result of the injuries suffered. An example would be the inability of a person injured in a car accident to continue playing softball on a recreation league that was a big part of his or her life. In addition, punitive damages are awarded when the defendant's conduct was particularly egregious and the court or jury determines that the defendant should be punished by paying an amount above and beyond the plaintiff's actual damages. Such awards may also serve to deter others from engaging in similar wrongful conduct.
"Legal Causation" of Personal Injuries
Not every injured plaintiff is entitled to recover damages for the injury he or she sustains. Besides the injury, the plaintiff must also establish, through credible and relevant evidence, that the defendant is legally responsible for his or her injuries. The plaintiff must present proof of causation both in terms of actual causation and proximate (legal) causation. Actual causation is determined by literal cause and effect. Whether legal causation is established depends on the facts and circumstances of the particular matter in question.
In some personal injury actions, legal causation may be established if the plaintiff can show that the defendant engaged in intentional conduct. This means that the wrongdoer intentionally or purposefully harmed the plaintiff or knew that the conduct in which he or she engaged gave rise to a substantial likelihood that harm would result.
Other personal injury actions are based on a looser concept of fault called negligence. Under the negligence theory, a defendant is held liable for the results of action, or inaction, when an ordinary person in the same position should have foreseen that the conduct would create an unreasonable risk of harm to others. Still other types of personal injury actions are based on strict liability, which is a no-fault system under which liability may be established regardless of the fault of the various parties, including the plaintiff. Strict liability may be applied in products liability cases, such as when a manufacturer or seller of a defective product puts that product into the consumer hands and users are injured.
The defendant can be held liable for actions taken, or actions not taken. A driver who fails to stop at a red light and hits another vehicle and injures the other driver or passengers is liable based on her negligent acts. A property owner who fails to clear the ice and snow from the front steps of a business open to the public may be liable for his inaction if a patron falls and breaks her leg when attempting to enter the premises.
Personal Injury Defenses
In some situations, the defendant's conduct, while questionable, may not rise to a level of culpability that entitles the plaintiff to recover damages. If, for instance, a plaintiff knowingly and willfully chooses to encounter a known hazard, then the law provides that he or she has assumed the risk of injury and therefore the defendant may not be liable. The assumption of the risk theory may apply, for example, in a case in which the plaintiff engaged in a friendly game of tackle football and another player broke his arm; in such a case, the plaintiff may be unable to recover for his injuries because he knew of the risks inherent in the game and willingly chose to encounter them.
The following are possible defenses to personal injury claims.
A personal injury lawyer can explain these and other defenses and determine whether they apply to a particular case.
Personal injury actions often require a lawyer's careful examination of the surrounding facts and circumstances to determine whether the defendant is legally responsible for the plaintiff's injuries. An experienced and knowledgeable personal injury attorney can look at the facts of your case and determine whether you have a legally valid claim, how soon you must act to preserve your rights, what your damages may be, and whether you may be entitled to some type of financial benefits before your lawsuit is even resolved. And in most cases, you owe no legal fees unless and until the defendant pays the damages award.
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