One often misunderstood legal practice area is personal injury law. A type of tort law, personal injury claims arise when someone suffers physical or emotional injuries, or when their reputation is harmed, due to another party’s negligent or intentional actions. However, personal injury law does not encompass situations where someone suffers only damage to his or her personal property, such as a fender bender where nobody is physically hurt.
Common Personal Injury Claims
There are many situations that may give rise to a personal injury claim. Some of the most common scenarios include:
- Motor vehicle accidents (involving cars, trucks or motorcycles)
- Bicycle accidents
- Pedestrian accidents
- Bus accidents
- Train crashes or derailments
- Airplane crashes
- Defective products
- Nursing home neglect
- Slips and falls
- Hunting accidents
- Medical malpractice
- Workplace accidents
- Defamation
- False imprisonment
- Invasion of privacy
- Intentional infliction of emotional distress
While each state’s laws specify the requirements for a valid personal injury claim, there are some common elements. To have a valid claim against someone else for negligence, an injured party must show that the responsible party owed a duty of care, that the duty was breached and that the victim suffered injuries as a result.
Victims Are Entitled to Compensation
When an injured victim can demonstrate, through evidence, that the injuries were the result of another party’s negligence, he or she is entitled to compensation for said injuries.
In general, this compensation includes payment of all related medical expenses, including medications and rehabilitative care. Victims who missed work due to their injuries are also typically entitled to recover lost wages. Depending on the facts and circumstances of the case, victims may also be able to recover compensation for necessary household assistance and certain travel-related costs incurred because of their injuries. Victims may also be entitled to compensation for pain and suffering. In egregious cases, some states allow victims to recover punitive damages, compensation designed to punish the responsible party for their actions (or inaction).
How Personal Injury Lawyers Help Their Clients
Attorneys who handle personal injury claims help victims in several ways.
Identify All Responsible Parties
First, attorneys can help identify the defendants. In some cases, like car accidents, it may be simple to identify the defendant as the person who caused the accident. However, there are sometimes multiple defendants. For example, if the responsible driver in an auto accident was making a delivery for an employer, the employer may be responsible too, under the vicarious liability doctrine.
Gather Evidence
Personal injury lawyers are adept at understanding how to uncover evidence to support their clients’ claims. Depending on the circumstances, this may include medical documentation, witness statements, photographs/video evidence and other relevant information.
Communicate and Negotiate
It can be unnerving and uncomfortable for injured victims to try to face the person responsible for the accident, or to negotiate with the liable party’s insurance company. Insurers often try to pressure victims to accept unfair settlements, and to do so quickly.
Personal injury attorneys understand insurance companies’ tactics and act as advocates to help their clients obtain full and fair compensation for their direct and indirect losses. When an injured party hires a lawyer for representation, the attorney will handle all communications and negotiations on the victim’s behalf. In the event the parties are unable to agree on a settlement, the lawyer will represent the victim’s interests by litigating the matter in court. Because attorneys understand the legal system and how to navigate it, victims who engage personal injury attorneys often receive significantly higher settlements than those initially offered by responsible parties or their insurers.
Transparent/Contingent Fees
Of course, there are costs associated with retaining legal assistance. However, many personal injury lawyers work on a contingency basis. This means that an injured party does not have to pay any legal fees unless the attorney is successful in obtaining a settlement or damages award. Attorneys should always disclose their fee arrangements up front, so potential clients can make informed decisions.
Personal Injury Law Is State-Specific
Every state has enacted laws surrounding personal injury claims, giving injured parties certain rights, and establishing limitations and time constraints for pursuing those rights. When considering retaining a personal injury attorney to help with a claim for compensation, be sure to look for an attorney who is licensed to handle claims in your state. For example, personal injury attorneys or workers compensation lawyers in Florida could handle claims arising in that state, but may not be licensed to handle similar matters in other jurisdictions.
Sources
https://www.law.cornell.edu/wex/personal_injury https://www.forbes.com/advisor/legal/personal-injury/personal-injury-law https://www.alllaw.com/articles/nolo/personal-injury/introduction.html
