This section’s purpose is to give an introductory overview of personal injury law. Personal injury refers to tort law where individuals suffer physical or emotional harm due to someone else’s negligence or intentional acts.
These cases often involve breaches of duty, causation and claims for special and general damages.
Negligence
Negligence is the cornerstone of personal injury cases, such as product liability, auto accidents and dog bites. Negligence refers to when someone fails their duty of acting in accordance with what a reasonable and prudent person would in similar circumstances; this could take the form of actions such as running stop signs or failing to address dangerous conditions on property owned by another. When making a negligence claim against someone, plaintiffs must demonstrate how the breach directly caused harm – either economic losses such as medical bills, property damage and lost wages or non-economic injuries such as disfigurement mental anguish and pain and suffering.
Proving negligence can be a complex undertaking. The defense will often argue against their conduct being considered negligent, shifting responsibility onto someone else or trying to shift responsibility back on themselves. Successful defense requires expert testimony and sufficient evidence against claims of negligence.
Products Liability
Product liability law holds manufacturers, distributors, suppliers and retailers accountable for placing products onto the market that can cause injuries to consumers – anything from car parts to pharmaceutical drugs may fall into this category. Individuals claiming product liability damages such as medical expenses, lost wages and property damages may pursue claims for compensation through product liability claims.
To successfully file a product liability lawsuit, an individual must have been injured or become ill due to using a defective product as intended and experienced adverse side effects as a result of design flaws, manufacturing issues or inadequate consumer warnings. Some claims may fall under strict liability; meaning the defendant can be held accountable without needing to prove negligence on their part.
Personal injury suits typically fall under tort law, yet certain aspects can also be subject to special rules such as comparative negligence and statutes of limitation that make filing a successful claim more complex.
Medical Malpractice
Medical malpractice refers to any instance in which doctors or other medical professionals fail to adhere to the standard of care set forth by their profession, leading to injury, illness or worsening of existing conditions in the patient.
Like other tort cases, medical malpractice cases must meet four elements to be successful: duty of care, breach thereof, causation and damages. Medical malpractice suits commonly seek both special and general damages. Special damages consist of tangible costs like medical expenses or lost wages while general ones include pain and suffering or even loss of consortium.
Malpractice claims can be brought against individual physicians or multiple doctors and can be filed in both state courts and federal court. Most malpractice suits settle out-of-court with either the physician, their insurer, or both agreeing to compensate the victim for damages sustained during treatment. Hospitals, nursing homes and private medical practices can also be sued for malpractice.
Slip and Fall
Slip and fall injuries are among the most prevalent personal injuries. They typically happen when someone falls on property owned or managed by another, typically covered by premises liability laws in their state of residence.
To hold someone responsible for a slip and fall incident, the injured party must establish that their defendant was negligent. To prove negligence, they must demonstrate how their actions or omissions caused a dangerous condition that resulted in harm to themselves or another, which might have been avoided with greater prudence on their part.
In some states, courts assign percentages of fault in slip and fall cases, reducing your compensation accordingly if found partially responsible. If you experience a slip and fall incident it is vitally important that an accident report be filed quickly so all details regarding your incident can be documented as evidence in your case.