What is Personal Injury?
What is personal injury? Personal injury lawsuits are filed by individuals or their representatives when they are harmed due to someone else's negligence. The injury can affect the body or emotions and may happen in many situations. Common causes of personal injury claims include slips and falls, car accidents, assaults, medical malpractice, and injuries from defective products. These proceedings mainly aim to identify the responsible party and obtain compensation for the injured person's losses. If you or someone you know has been hurt due to someone else's carelessness, contact a personal injury lawyer at The Law Offices of Clinton O. Middleton to learn about your rights.
Personal Injury Damages
Injured parties can be compensated for lost wages, past and future medical bills, and physical and emotional pain damages. Compensation can also cover disfigurement or disability. In some cases, close family members, like a spouse, may be entitled to damages known as loss of consortium. This compensates for losing the injured person's services, benefits, and companionship.
Other types of damages might be awarded depending on state laws and the case's specifics. For example, "hedonic damages" compensate for the loss of enjoyment of activities the injured person can no longer engage in. Additionally, "punitive damages" may be given when the defendant's actions were harmful.
Legal Causation of Personal Injuries
Legal causation in personal injury cases is a complex matter. It's not just about proving the injury but also about establishing the defendant's legal responsibility. This involves demonstrating 'actual causation' and 'proximate/legal causation.' Actual causation is a direct cause-and-effect relationship. Establishing legal causation is a nuanced process that depends on the case's specific facts and circumstances.
Legal causation can be proven in some personal injury cases if the plaintiff shows the defendant acted intentionally. This means the defendant either purposefully harmed the plaintiff or knew their actions were likely to cause harm.
Negligence and Strict Liability
Understanding the key differences between negligence and strict liability is crucial in personal injury cases. In negligence cases, the defendant is held responsible if an ordinary person in the same situation would have foreseen that their actions or lack thereof could create an unreasonable risk of harm to others. For example, drivers who run a red light and cause a crash are liable for their negligent actions. On the other hand, strict liability cases do not require proving fault. The defendant can be held responsible no matter their actions or intentions. This is often applied in product liability cases, where a manufacturer or seller's defective product's maker or seller is responsible if the product harms a consumer. For instance, if a faulty appliance causes injury, the manufacturer can be liable under strict liability laws.
Defenses in personal injury cases
In some situations, a defendant's actions may not lead to liability for damages. For example, if a plaintiff knowingly exposes themselves to a known danger, they may be said to have assumed the risk of injury, and the defendant might not be liable. This "assumption of the risk" can apply in cases like a friendly tackle football game where players get injured and cannot recover damages because they know the risks involved.
Understanding these defenses can significantly affect a personal injury case. Here are some defenses to personal injury claims:
- Statute of limitations: Laws that set the time limit for filing a lawsuit.
- Sovereign immunity: Protection for government agents and entities from civil liability.
- Intentional misuse: Defense in product liability cases where the injury resulted from the plaintiff's product misuse against warnings.
- Contributory or comparative negligence: When the plaintiff's actions contributed to their injuries.
A professional personal injury lawyer can comprehensively explain these defenses and assess their relevance to a specific case, offering you the guidance and support you need.
Contact a Personal Injury Lawyer Today
When it comes to personal injuries, getting legal action is crucial. These cases involve a detailed examination of facts to establish accountability. At Law Offices of Clinton O. Middleton, an attorney can assess your case, determine the validity of your claim, advise on preserving your rights, estimate potential damages, and explore financial benefits available during the litigation process. Don't wait. Contact us today for a consultation.
