About personal injury case law and other kinds of personal injury cases
Personal injury case law is the body of law that pertains to injuries suffered by individuals. This includes cases involving physical injury, emotional distress, and property damage. Personal injury cases may be brought forth in civil or criminal court by a personal injury lawyer depending on the severity of the offense.
Some types of personal injury cases may also be handled through mediation or arbitration.
Negligence in personal injury cases
Negligence is the failure to take reasonable care to avoid foreseeable harm to others. In a personal injury case, negligence is when the person who caused the injury is considered to have failed to take proper care to avoid causing the injury. For example, if a driver runs a red light and hits another motor vehicle, the driver may be considered negligent.
If a property owner fails to fix a broken step and someone slips and falls and injury occurs the property owner may be considered negligent in certain cases.
To win a personal injury case based on negligence, the person who was injured must prove that the other person did not act with reasonable care and that this failure was the cause of the injury.
What are the main elements of negligence in a personal injury case?
There are four main elements to negligence in a personal injury case: duty, breach of duty, causation, and damages.
- Duty is the legal obligation to use reasonable care to avoid foreseeable harm to others.
- Breach of duty occurs when someone fails to meet the standard of care required by law, causing injury to another person.
- Causation is the link between the defendant’s breach of duty and the plaintiff’s injury.
- Damages are the losses suffered by the plaintiff as a result of the defendant’s negligence.
What are punitive damages in personal injury claims?
Punitive damages are awarded in addition to regular damages in a type of personal injury claim when the at-fault party’s behavior was particularly reckless or harmful. These damages are meant to punish the at-fault party and discourage similar behavior in the future.
Punitive damages can be awarded even if the at-fault party did not intend to cause harm.
Emotional distress: Emotional injuries that result from an accident are compensable, even if they do not have a physical basis. Post-traumatic stress disorder (PTSD) may fall under this category. Emotional injuries that result from an accident are compensable, even if they do not have a physical basis. Post-traumatic stress disorder (PTSD) may fall under this category.
Lost wages: If you miss time from work because of your injuries or recovery, damages for lost wages can be recovered in addition to medical expenses and property damage. If you miss time from work because of your injuries or recovery, damages for lost wages can be recovered in addition to medical expenses and property damage.
Pain and suffering: These are non-economic damages intended to compensate the injured person for their pain and suffering during recovery, as well as any long-term mental anguish resulting from the accident. These are non-economic damages intended to compensate someone for their pain and suffering during recovery, as well as any long-term mental anguish resulting from the accident.
Permanent injury: Permanent disability or disfigurement may also be grounds for punitive damages or other forms of compensation depending on the circumstances surrounding your case. A permanent injury does not need to be expected to last forever — it simply needs to affect you for life.
The types of compensable damages available in your case will largely depend on whether you were partially at fault and how severe the type of injuries are. With these factors taken into account, our personal injury law team will evaluate every aspect of your case and craft a customized legal strategy designed may be entitled to compensation based on the specific facts of your case — nothing more, nothing less.
What Is a Personal Injury Lawsuit?
A personal injury lawsuit is a civil action brought by an injured person against the person or entity responsible for the injury. The purpose of a personal injury lawsuit is to recover damages for the injuries suffered by the plaintiff.
The injured person may be able to recover damages for pain and suffering, mental anguish, physical impairment, disfigurement, lost wages, loss of earning capacity, medical expenses, and any other losses caused by the defendant’s negligence.
Finding the best personal injury lawyer to represent you
When you are looking for a personal injury lawyer to represent you, it is important to find one with experience in the type of accident you have been in (for example medical malpractice, wrongful death, etc.).
You will also want to find a lawyer who has a good track record of winning personal injury lawsuit cases and who has experience dealing with the insurance company that is responsible for your accident or injury claim. Find a lawyer who you feel comfortable with and who will fight and win your personal injury case for your monetary compensation.
Personal Injury law plaintiff representation by The Emanuel Firm, P.A.
The Emanuel Firm, P.A. is a personal injury law firm that represents plaintiffs in cases involving injuries sustained as a result of someone else’s negligence. The firm has a team of experienced attorneys such as personal injury attorney Charles Emanuel who has successfully represented many clients in court and recovered substantial settlements for his clients.
When filing a personal injury claim, we are here for you. We can represent you in many cases such as motor vehicle accidents, medical malpractice cases, criminal cases, nursing home abuse cases, and compensation for medical treatment to name a few.
If you have been injured in an accident, contact us to schedule a free consultation to discuss your case. The Emanuel Firm, P.A. can protect your rights and get compensation for your injuries.
