What Is Personal Injury
Personal injury, literally means injury to an individual. Personal injury law allows a person who has suffered an injury to sue in a civil action, commonly referred to as a tort action.
A “tort” is principally a wrong against a person; any injury or accident against an individual can constitute a tort. Some examples of personal injury torts are motor vehicle accidents, dog bites, slip and falls, assault, battery, attacked reputation, invasion of your privacy or an unsafe product. Generally speaking any case in which one person is hurt by another person’s negligent or wrongful action, or inaction, may be considered personal injury. Every tort claim, regardless of its basis has two basic issues, liability and damages.
The crucial element in a personal injury lawsuit is the issue of fault (liability). There are different degrees of fault and several elements must be proven in court to have a successful tort action against the opposing or negligent party. The victim in these cases may even be partly at fault in the accident, yet that does not necessarily mean that they cannot bring, and win, a lawsuit.
In a successful suit the accuser will recover damages in an attempt by the court to once again “make the victim whole.” Recoverable damages are numerous, but typically include current and future medical bills and lost income. Unquantifiable damages, including pain and suffering or permanent disfigurement are also recoverable.
How do I know if I have a personal injury case?
First, you must have suffered an injury to your person or property. Second, was your injury the result of someone else’s fault? It is not always necessary to have a physical injury to bring a personal injury lawsuit. Suits may be based on a variety of nonphysical losses and harms. Contact our offices today to speak with an experienced attorney who can help determine if you or a loved one has a personal injury case, our firm can help you receive the compensation you need and deserve.