Learn more: Personal Injury Law

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What is personal injury law?

Personal injury is a smaller branch of what is known as tort law. Tort law, in summary, is related to acquiring proper compensation for harms done to a person. There are three primary categories of torts: Intentional torts, negligent torts and strict liability torts.  In many regards, it is placing the liability on the person who deserves the burden or who is best fit to bear the burden. 

When to hire a personal injury attorney

Life is full of unexpected situations. If you are harmed as a result of someone’s (whether willing or unwilling) negligence, you deserve to recover the damages brought upon you. If you know you’ve been wronged and feel powerless to do anything about it, contracting with a tort attorney is a must. 

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Types of personal injury cases

Personal injury cases are a very broad subset of legal cases. A few of the most common personal injury cases pursued by clients are: Motor vehicle accidents, wrongful death, medical malpractice, workplace accidents, premises liability and products liability. Motor vehicle accidents are among the most common personal injury cases in general. In 2019, about 2.74 million people were injured in car accidents in the United States. Wrongful death cases are meant to pursue compensation for someone whose family member has recently passed because of actions committed by an identifiable defendant. Medical malpractice is similar to wrongful death and can in fact lead to wrongful death litigation, but it is distinct. Medical malpractice occurs when a health care professional deviates from standards in their profession and causes injury to a patient. Workplace accident cases are also extremely common (337 million accidents recorded on average per year globally) and involve seeking compensation for physical or mental harm acquired in the course of work. Premises and product liability cases seek to attribute liability of damages to premises/land owners and product manufacturers caused by either poor conditions on premises or faulty products. 

making a case

If you decide to pursue compensation for the negligence you’ve been harmed by, attorneys can help you through the process of building a case and getting compensated.

 

Most personal injury cases begin with a complaint being filed by the plaintiff. The complaint generally identifies the parties involved (the plaintiff being party B, and the defendant being party A). In order to hold a party liable for injuries, four things must be proven: 

 

Party (A) had a duty to act reasonably according to the circumstances, party (A) breached that duty, party (A)’s breach of the duty caused party (B) to be harmed, Party (B) suffered monetary damages due to the harm suffered when party (A) breached its duty of care. 

 

If these things are proven and the case is won by the plaintiff, compensation can be rendered through a settlement or judgment. Settlements can either be lump-sum or structured depending on the case. It is important to keep in mind that attorneys can take a percentage of settlements as payment for legal services. These fees are negotiable and should be brought up with your attorney. 

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