Personal injury is a legal term that is used for the injury to the body, mind, or emotions, which is different to the injury to the property. Personal injury attorney commonly use the term to refer to a kind of tort lawsuit whereby the person filing the suit o0r “plaintiff” has suffered harm to his or her body. Personal injury is any type of injury that has been sustained on the body. The injuries of personal nature could arise due to car accidents, slips, falls, defective products, or wrongful death claims. Personal injury differs from bodily injuries whereby the latter is limited and implies to the injuries sustained by another person by causing a car accident.
The actions leading to personal injury:
There are various situations that can lead to personal injury:
Accidents- in this situation the negligence of a personal like accidental slips, falls, car accidents or medical malpractice have lead to injury.
Defective products- here the defendant has provided a defective product whereby the injury has occurred to plaintiff.
Defamation- here one person’s defamatory statement has caused harm to another person’s reputation.
Intentional acts- assault and battery or other intentional torts that have caused harm to a person.
How to claim the damage?
Personal injury attorney calculates the loss due to the injury by multiplying the total of your special damages by one or two to arrive at a fair estimate of the pain or suffering value. The personal injury lawyer gets the insurance company to pay the fair amount of the pain and suffering that arose due to the personal injury.
How does a personal injury case work?
It can be safely said that no two accidents, injuries, or sufferings are same. However to calculate the loss and to place a claim there are certain standard steps that is followed in most of the personal injury cases and they are as follows:
Any action by the defendant has injured the plaintiff- it can be said that any action of the defendant (except the case of contractual breaches) has caused injury to the plaintiff.
Plaintiff claims that defendant breached any legal duty- here the specific legal duty will depend on the situation where the injury occurred. Example doctors are expected to provide medical care with extreme precision and competence as per industry standards, or the make up artists is supposed to use products that are of best quality and don’t cause any side effects as per norms of the industry. If the two professionals are negligent in imparting their services which results in injury to the plaintiff then the case of personal injury is there.
Course of settlement- after it has been ascertained that the defendant has breached the legal duty. The defendant or the insurance company representing him or her would like to settle the case out of the court. They will offer a monetary compensation to the injured party and take a promise from the injured person and his personal attorney to not file the case in the court of law. Here the plaintiff after consulting the pros and cons with his attorney may settle the case or file a personal injury lawsuit in the court over the matter.
The attorney is to present the case of plaintiff on the court of law so as to make sure that the justice is made to the best interests of plaintiff. The complete process will be undertaken to injured person to be compensated financially or made whole after the harm that he or she has suffered due to someone else’s intentional or careless action.
9 thoughts on “Personal injury: definition and basics”
This is something I was totally unaware of, learned something very new today. Thanks for sharing!
This article is quite interesting details about personal Injuries and accidents that we generally dont give attention to !
U explained everything so well.. the legal aspect and the various measures and everything abt personal injury.
U explained everything so well.. the legal aspect and the various measures and everything about personal injury. Very well written n explained
I was unaware of Personal injury and its aspects, after reading your post I am now well versed with it.
The blog is quite informative. I was unaware of many things related to Personal injury. Thanks for clearing those up.
This a well written post Preeti… thanks for showing light on this topic… I was not aware much about it
This article reminded me of my medical college days! We studied all this in forensic medicine.
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