Personal injury is a category of tort law which provides an opportunity for those harmed by the actions or omissions of others to pursue their rights to compensation for such injuries. The personal injury practice area comprises a large portion of civil litigation in the American legal system, and can include cases involving everything from slip and fall accidents to those based on insurance coverage denials and policy disputes. The personal injury arm of tort law encompasses any harm or injury caused to a party’s person, rights, reputation or property. These types of suits fall exclusively under the civil litigation umbrella, indicating that monetary recovery is the plaintiff’s desired outcome.
Types of Personal Injury
Personal injuries can occur in a vast array of settings and circumstances, including the workplace, in an automobile, in hospitals, or perhaps because of a poorly designed or manufactured product. Libel, slander, wrongful death and professional malpractice of various types are additional types of personal injuries potentially giving rise to legal causes of action.
Just Compensation for Personal Injury
When an individual is injured due to the fault or negligence of another party owing a duty of care, the harmed party may be entitled to a damage award as compensation for the detrimental impact of the event. Damages will be measured in terms of financial expenses incurred as a result of the fault or negligence, and can include lost earnings and medical bills.
In some personal injury cases, punitive damage awards may be made in addition to compensatory damages. Such awards are intended to serve as a deterrent to prevent the negligent party from persisting in the behavior or practices leading to the harm suffered by the plaintiff.
Selecting a Personal Injury Attorney
When the unexpected happens and injury results from the negligence of another, pursuing compensation with the assistance of an experienced personal injury attorney can be a prudent course of action. Practitioners in this area of the law will make a thorough review of the facts of the case, formulate settlement strategy, and if necessary, prepare for and take the case through the trial process. While pretrial settlement is a frequent outcome in personal injury cases, there are other instances in which stubbornness on the part of litigants and the use of dilatory legal tactics necessitate a trial in order to protect the victim’s right to compensation for hospital bills, lost income, required long-term care, mental anguish and other conditions caused by the injury event.
Automobile accidents form the basis for a large number of personal injury lawsuits each year in the United States. Upwards of 6 million automobile accidents occur nationally each year, with over 200,000 of those taking place in Florida. Those injured in automobile accidents caused by the negligence of others may be entitled to significant monetary compensation. In some instances, vehicle manufacturers and other corporate defendants may be identified as sharing responsibility for the harms suffered, therefore potentially increasing the chances of financial recovery.
Handling Insurance Claims
Personal injury cases can present particular challenges due to the frequent reluctance of insurance companies to pay damage claims to injury victims. It is therefore crucial to enlist the aid of a seasoned personal injury attorney possessing an extensive background in dealing with insurers, reviewing medical documentation, witness statements and accident information. A lawyer experienced with these claims will be able to provide expert evaluation of the merits of a potential lawsuit, the monetary value of the claims, and the most effective legal strategy to pursue. It is important to consult with a personal injury as soon as is practicable following the injury event, in order to preserve the ability to pursue monetary compensation through the courts, if necessary.
The area of personal injury law encompasses the methods and protections available to injured parties wishing to obtain the monetary compensation to which they are entitled. When harmed by the actions or omissions of others, it is essential to seek the aid of attorneys experienced in this subsection of tort law. Only then can injury victims be assured that their rights will be vigorously asserted and financial recovery will be diligently pursued.