Thousands of accidents that cause injuries occur each year. Every injury does not establish the grounds for a personal injury lawsuit. Yet, the legal definition of a personal injury is broad and can cover many different situations.
The Legal Definition of Personal Injury
A case for a personal injury lawsuit arises from an accident that causes injuries to the body, mind, or emotions. In addition, the accident must occur due to the negligence, carelessness, or wrongful actions of another person. Therefore, you need to seek the help of an attorney if you are unsure whether your case falls within the legal definition of a personal injury.
For example, a breach of duty is the basis for many personal injury lawsuits. A violation of duty can either be intentional or negligent. Plus, you must prove the defendant had a legally recognized relationship with you as a plaintiff. This relationship requires the defendant to act toward you in a specific manner and provide you with an appropriate standard of care. A judge typically determines if a defendant breaches their duty toward you if they fail to exercise reasonable care in fulfilling their duty.
The Most Common Personal Injury Claims
Personal injury claims can result from almost any type of negligence. The most common type of personal injury claims include:
- Car accidents
- Medical malpractice and wrongful death
- Slip and fall and workplace accidents
- Product liability
- Dog bites
- Construction industry injuries
- Premises liability personal injury claims
Pain and Suffering
A personal injury can also include pain and suffering caused by a personal injury. For example, you can recover compensation for ongoing medical treatment by personal injury doctors for the pain due to your injuries. In addition, you can receive compensation for the emotional distress caused by an injury. These damages are for more severe accidents, and the intent is to compensate you for the psychological impact of your injury.
Compensation for a personal injury claim depends on the circumstances of the accident and the type of injury. Your attorney and insurance companies will use a formula to determine your settlement. This formula includes:
- Medical expenses
- Property damage
- Lost earnings
- Future lost earnings
- General damages
Personal injury lawsuits can get complicated. The best way to win your case is to have a team of attorneys to help guide you through the process. They can also help you get the most compensation you deserve.