Personal injury law is a broad area of legal practice that covers a range of situations and injuries. It can include car accidents, dangerous pharmaceuticals, birth injuries, food poisoning, gun injuries, slip and fall accidents, and many more.
The basis for a personal injury case is negligence, whereby a person or entity fails to behave with the level of care that someone of ordinary prudence would have exhibited under the same circumstances. This can be committed by a doctor who does not treat a patient with the appropriate standard of medical care or a manufacturer who puts a defective product on the market.
A person injured due to another party’s negligence can seek compensation from the defendant for the plaintiff’s losses, including damages such as medical bills, lost wages, and physical pain and suffering. This is typically done through a lawsuit, but sometimes an injury claim can be settled without ever going to court.
Identifying the Proximate Cause of Your Injury
A proximate cause is a legal concept that allows the plaintiff to recover damages for an event that occurred prior to the defendant’s negligence and resulted in their injuries. It is important to remember that the exact proximate cause of your injury may not be known until after you have received medical treatment and have a full understanding of your condition.
Establishing a Duty of Care
A duty of care is a legal obligation that a person has towards others. Defendants have to exercise reasonable care when operating their vehicles or when treating patients, for example.
Damages in a Personal Injury Case
The amount of compensation you are awarded depends on a number of factors, including the severity and nature of your injuries, as well as your past and future medical expenses. Generally, the more severe your injuries are, the higher your compensatory damages will be.
Compensatory Damages (Non-Economic)
Compensation for non-economic damages such as pain and suffering or emotional distress cannot be readily assigned a monetary value. Instead, the plaintiff must be able to provide testimony from an expert about the degree of their pain and suffering, as well as what their life would have been like had they not been injured.
General Damages
In some personal injury cases, such as car accidents or slip and falls, general damages cannot be easily defined. This is because the underlying physical injury Pourgol Law can be difficult to measure with accuracy. This is why compensation for general damages must be calculated with the help of a medical expert, such as a physician or psychiatrist.
Special Damages
Specific damages, such as medical expenses and lost wages, can be easily assigned a monetary value. These can be derived from doctor’s bills, pay stubs, and other evidence.
Punitive Damages
Punitive damages are a type of compensation awarded in addition to other types of damages. These are meant to deter the defendant from similar mistakes in the future.