What Is Considered a Personal Injury?
Accidents and injuries are part and parcel of everyday life. From being injured while walking down the street, getting into a car accident or slipping on ice outside the grocery store, there are many ways we can become hurt. While some accidents are minor, such as a sprained ankle, others can lead to much bigger problems.
Personal injury law can be quite complex. Many people don't realize that they might be able to file a claim against someone else for causing them harm. As long as the person responsible had control over the situation, he or she could potentially be held liable for damages caused by his negligence. This includes things like medical bills, lost wages, pain, suffering, emotional distress, etc.
If you've been injured due to another person's actions, you might want to consider filing a claim. You'll need to prove that the defendant owed you a duty of care, failed to meet that standard of care, and that the failure resulted in your injuries. In addition, you must show that the defendant's conduct was negligent. Negligence is defined as failing to act reasonably under the circumstances.Personal injury Law Basics
Personal injury laws are designed to protect people from being harmed by others' negligence or intentional misconduct. These laws provide compensation for injuries suffered due to the fault of another party. They are enforced by courts and administrative agencies, such as state insurance departments and the Federal Trade Commission.
In most states, there are three main categories of personal injury claims:
- 1. Negligence. This type of claim involves injuries caused by someone else's failure to use reasonable care. For example, if you're injured because you slipped on ice while walking down a sidewalk, you might file a personal injury lawsuit against the property owner who failed to clear the area of snow and ice.
- 2. Product liability. These lawsuits involve injuries caused by faulty products. If you suffer burns from a hot coffee cup, you could sue the manufacturer for failing to warn consumers about the potential dangers of drinking hot beverages. Or if you break your leg after slipping on a pair of shoes, you could sue the shoe store for selling you unsafe footwear.
- 3. Breach of warranty. If you buy a defective product, you could sue the seller for breach of implied warranties under contract law. You wouldn't necessarily have to prove that the seller knew the item was defective; rather, it would suffice to show that the product didn't live up to expectations.
Personal injury cases are governed by common law rules. These are laws made by judges instead or laws made by legislatures or laws passed in bills and statutes, which are called statutory laws. There are three types of personal injury laws: tort, contract, and criminal. Tort laws govern negligence claims while contract laws cover contracts such as employment agreements. Criminal laws apply to crimes like murder and rape.
Common law is not the only way to make personal injury laws. States have enacted statutes that direct judges and jurers on how to decide personal injury cases. Some states use jury instructions to guide jurors in deciding cases. Other states use special verdict forms that ask questions about liability and damages. In some states, judges must follow certain procedures when making decisions in personal injury cases.How Does a Personal Injury Case Work?
Each personal injury case is unique. There are many factors that determine whether you win or lose. Here are some things to consider when filing a personal injury claim:
1. Personal Injury Lawyer
You must hire a lawyer to represent you in a personal injury case. A good attorney will help you understand what happened and how to proceed.
The damages awarded depend on the severity of the injuries suffered. You may receive compensation for medical bills, lost wages, pain and suffering, emotional distress, etc.
If someone else caused your injuries, he or she could be held liable for your damages. For example, if you slipped on ice while walking down the street, the person who owned the sidewalk where you fell could be responsible for paying your damages.What do Personal Injury Attorneys do?
Personal injury lawyers represent people who have suffered injuries due to another person’s negligence. These accidents include car crashes, slips and falls, medical malpractice, dog bites, workplace injuries, and many others.
The term "personal injury" refers to physical damage or harm caused by the actions of another individual. In contrast, "tort" refers to civil wrongs such as defamation, assault, battery, false imprisonment, fraud, and product liability. Personal injury cases often involve both types of claims.
When a person suffers an injury because of another person’s carelessness, he or she can file a claim against the responsible party. This process is called "negligence." Negligence occurs when one party fails to act reasonably under the circumstances, causing harm to another. For example, a driver who runs a red light causes an automobile collision, resulting in property damage and bodily injury to his passengers. If the driver knew about the traffic signal malfunction, he could be held liable for the accident.
In addition to negligence, there are other ways to recover damages for personal injuries. For instance, a plaintiff might sue a defendant for breach of contract. Breach of contract occurs when a party agrees to perform certain duties but does not follow through. An employer who promises to provide workers' compensation coverage to employees may fail to pay benefits, leading to a lawsuit alleging breach of contract.
A personal injury attorney works closely with his or her client throughout the entire case. He or she helps the victim gather evidence, negotiates settlements, drafts court documents, and represents him or her in court.
An experienced personal injury lawyer in Harris County, Galveston County, Fort Bend County, Montgomery County, Brazoria County, Houston, Sugar Land, Missouri City, and Stafford, Texas at Thornton Esquire Law Group, PLLC will take over the case from the very beginning and make sure that you receive fair compensation for your injuries. A personal injury lawyer will help you recover medical expenses, lost wages, pain and suffering, and other losses due to the accident. Contact us today at www.thorntonesquirelawgroup.com for a free consultation.