If you’ve been injured because of another person’s negligence or actions, you may be able to file a personal injury lawsuit for compensation. A personal injury is damage or harm sustained by an individual or their property due to the actions or negligence of another party. Still, that’s a pretty broad definition, and it doesn’t give a lot of clarity regarding what sorts of cases may qualify as a personal injury.
Personal injury or tort law is the legal regulation of compensation for personal injuries. If you’re not sure whether or not you’re eligible for compensation under personal injury law, keep reading to learn more about what a personal injury is.
Common Types of Personal Injury Accidents
Personal injuries come in all shapes and sizes. Compensation for any type of injury that is caused by someone else may be recoverable through a personal injury claim. The most common types of personal injury cases include:
- Workplace injuries
- Construction accidents
- Motorcycle accidents
- Medical malpractice
- Traumatic brain injuries
Keep in mind that these are only some of the most common types of personal injury cases. If your type of accident is not on the list above, you may still be owed personal injury relief.
What Makes a Strong Personal Injury Case?
If you’ve been involved in an accident that you can prove was someone else’s fault, then you may have a strong personal injury case. In general, personal injury victims will need to prove each part of the following argument in order to get financial relief:
- Duty of Care – Prove the at-fault party had a legal responsibility to prevent harm.
- Breach – Prove the at-fault party failed in their duty of care.
- Injury – Prove that you suffered some form of injury.
- Fault – Prove that the failed duty of care is what caused your injury.
Note that you won’t need to prove that the responsible party willfully caused your accident. This is what’s known as strict liability. Each part of the argument above will need to be proved using strong evidence from your case. A personal injury attorney can help you get the evidence you need to hold the responsible party at fault.
Who Can File a Personal Injury Lawsuit?
Unfortunately, not every injured person will be able to file a personal injury claim for relief. Instead, personal injury claims only cover injuries and damages sustained due to someone else’s actions or negligence, and only when that person had a legal responsibility to prevent your injury. For example, if you’re injured in the communal stairwell of your apartment complex, your landlord may be liable. However, if you’re injured in your own apartment, your landlord probably won’t be liable. You also won’t be able to hold another person liable for an accident you played an equal role in causing.
How a Personal Injury Lawyer Can Help You
The next step in understanding personal injury is learning about how a personal injury attorney can help you after an injury. If you’ve sustained a personal injury, an attorney can help you in the following ways:
- Investigate your case
- Formulate a strong legal strategy
- Gather essential evidence
- Provide legal guidance and expertise
- Help you recover compensation
- Seek out expert testimony and witnesses
- Negotiate a personal injury settlement
- Represent you in court
- Fight on your behalf
- Give you time to recover
- Take action within the statute of limitatio
Personal Injury vs. Bodily Injury: What’s the Difference?
Another key part of understanding personal injury is understanding the difference between personal and bodily injuries. While personal injuries do include all bodily injuries, bodily injuries do not include all types of personal injury.
Bodily injury is damage done to a person’s body, and personal injury is damage done to a person’s body or personal property. With that in mind, it’s clear why personal injury compensation can include things like damage to a person’s car or other personal property.
What Types of Personal Injury Compensation May Be Available?
Personal injury lawsuits are meant to cover a range of different losses, but personal injury damages are generally split into three categories: economic, non-economic, and punitive damages. While punitive damages serve as a punishment for the responsible party, economic and non-economic damages are meant to compensate for specific types of harm the injured party has faced.
Economic Damages
- Current medical bills
- Lost wages
- Future medical expenses
- Reduced earning power
- Property damage
- Funeral expenses
Non-Economic Damages
- Mental anguish
- Pain and suffering
- Diminished quality of life
- Disfigurement
- Lost relationships
- Post-traumatic stress disorder
Do I Need a Personal Injury Lawyer?
After a personal injury, getting compensation to cover medical expenses is often essential to recovery. If your injury was caused by the wrongful action or negligence of another party, then you should get help from a personal injury attorney. With an attorney’s help, you may be able to recover up to full compensation for your injury. In general, you should seek help for a personal injury in the following instances:
- You’ve been injured due to someone else
- You’re not sure what caused your accident
- Your accident involved a semi-truck or other commercial vehicle
- It’s not clear who was at fault for your accident
- Multiple people may have been at fault for your accident
- You’ve been injured at work, and your employer is uninsured
- Your claim for injury compensation has been denied
Contact Us
Contact Ramos James Law For A Free Consultation
We understand the financial burden you may be suffering during this difficult time. That’s why we do not charge unless we win your case. Ramos James Law goes to great lengths to help you secure the compensation you deserve.