How To Determine Personal Injury in a Lawsuit
What exactly is personal injury? Although it's a simple term, it can quickly become confusing in complex court cases to define what personal injury is, and therefore what kind of compensation you're entitled to.
Generally speaking, "personal injury" is a legal term that defines injury to the person, whether that injury is physical, mental, or emotional. Personal injury will never include damage or harm done to personal property. Usually, personal injury damages include medical and hospital bills, along with personal mental damage or injury. Personal injury lawsuits are a type of tort lawsuit brought against a defendant when the plaintiff suffered either harm or injury. Here are some of the most common personal injury lawsuits that take place:
Road Traffic Accidents
Road traffic accidents can include many different forms of collision, whether it included pedestrians, bicyclists, motorcyclists, automobiles, or big rig trucks. When road accidents occur because of a breach of safety standards or traffic laws, the victim can be entitled to compensation in a personal injury lawsuit.
If you were injured at work, but you were following the guidelines and rules set for workplace safety, you could receive compensation for your pain, suffering, and injuries.
Work accidents can happen on the premises, but they can also deal with work-related accidents off of the premises as well. These work-related accidents can include, but are not limited to:
- Slipping or falling on pavement or stairs
- Traffic collisions
- Attacks by animals or humans
- Attack by insects
Slip and Fall Accidents
Slip and fall accidents can happen anywhere, but if you slipped and fell due to the negligence of someone else you could receive compensation for your injuries. Here are some examples:
- A restaurant had a missing or cracked step leading up to their property, which caused a hard fall.
- A parking lot at the local mall was not de-iced properly, you slip and fell due to the ice.
- A grocery store had a liquid spill, didn't put signs up, and you slipped and fell.
Product Liability or Product Defects
If a company makes a product for consumers to use, it should be safe. Unfortunately, this isn't always the case. If you purchased a product and you were injured due to manufacturing defects, design defects, or failure to warn defects, a lawsuit can help you get compensation for damages.
Negligence deals with when a health care practitioner, doctor, nurse or someone else that is providing medical care to you, does not show a fair, reasonable or competent amount of skill when caring for the patient. Negligence can also deal with uninformed consent. When you, for example, get surgery, you are given a run-down by the doctor and given a piece of paper that talks about the risks. If you were not given this, the doctor did not talk to you about it, or you were inadequately informed, this is considered negligent on their part.
Medical negligence doesn't just include health care professionals, doctors, or nurses though. It can be anyone that gives you medical advice or treatment, from a midwife to a pharmacist to a chiropractor.
If you think you've been involved in a personal injury, it's in your best interest to hire a lawyer. Most lawyers will offer a free consultation.
For a free consultation or to learn about your legal rights contact Welmaker.