Personal injury is a broad legal term to describe an injury to a person’s body, emotions or mind, rather than an actual physical injury to property. In Anglo-American societies the word is most often used to describe a kind of tort suit in which the plaintiff has allegedly suffered personal injury to his or her emotions or mind. For example, if you are involved in a car accident and suffer whiplash injuries, you may be seeking compensation for the whiplash injury, even if the accident itself was not your fault.
In order to understand personal injury law one must also be aware of two other related concepts. The first is that accidents are not necessarily the results of the defendant’s wrongdoing, but are sometimes the result of negligence on the part of one person or group of persons. For instance, many car accidents result from someone else’s negligence. Another example is that some animals cause injuries to humans. A third example of negligence involves products such as pharmaceuticals or asbestos.
In order to understand personal injury law one must also be familiar with two other important concepts: common law and equity. The common law is the body of law that emanates from the Magna Carta and the European Charter. It provides broad protection for individuals from unfair discrimination by other individuals. Levilawny Some examples of areas of the common law that are protected are medical malpractice and negligence. However, the protection does not extend to all areas of life, and cases that involve white collar crimes such as securities fraud are covered by equity.
Personal injury law is dictated by two bodies of law: civil law and criminal law. Civil law simply deals with disputes between individuals, corporations, organizations, and governments. Criminal law deals with violations of the penal code, including felonies and misdemeanors. When a person is injured because of one of these offenses, they may bring a personal injury lawsuit against the individual that is responsible.
In a personal injury law case the plaintiff will seek damages for their injury and any future medical expenses that they will incur as a result of their injury. This is often done in a civil lawsuit. A plaintiff generally seeks damages for pain and suffering, which are the amount of money that a person may be awarded for their suffering. Monetary damages are designed to make a person better. Different courts have different ways of determining monetary damages. A judge or jury will determine who is owed what in a personal injury law case.
When trying to figure out how the typical personal injury law rules apply in your case you should look at the most common scenarios that may occur. For example, if you were driving and a tractor trailer hit you, or another driver, that is usually seen as a case of negligence. You might also win a suit if you were jaywalked and tripped, fell and broke your leg, or slipped and fell on some icy sidewalk. These are all cases where you may be able to collect damages from the party that caused the accident.
There is one area of the typical personal injury law rules that will also apply to your situation. That is if you are found to be liable for negligence in any way, you could be found to be liable for damages even if you did not do anything wrong. That is called a comparative negligence law. Comparative negligence cases will be those where the party makes a claim for damages but someone else was found to be at fault in some way. If you can show that the other party was negligent, you may be able to collect damages.
Another area of the law that you may be exposed to is strict liability. This area involves being sued for injury even though you were not actually at fault for the injury. A good example would be if you were hit by a driver who was not lawfully on the road.