What Everyone Must Know About Personal Injury Law
If you are lucky, you may never need to know anything about personal injury law, but chances are that someone in your life has had to hire a personal injury lawyer following an accident.
Life is very unpredictable. One morning you may get up as you routinely do, but on your way to work, you could be involved in a devastating accident that could cause you severe injuries or even death. Keeping such dreaded uncertainties in mind, it is wise to at least be aware of some basic facts about personal injury law, including how it works, what acts or torts it covers when you need to contact a personal injury lawyer, and how you can find the right lawyer for your case.
Let’s begin by understanding what personal injury law is.
What is Personal Injury Law?
Personal injury law, also known as tort law, provides legal remedies to a person for the damages he or she incurred from an accident or incident that was caused due to some other person’s tort or wrongdoing. These laws allow for the injured party to receive financial compensation for the losses he or she suffered because of others’ negligence or misconduct.
A car accident is a classic example of a personal injury lawsuit. Even slip and fall accidents that involve premises liability or sexual assault cases can be claimed under personal injury law by our experienced personal injury lawyers.
Types of Personal Injury Cases
Personal injury is a broad term that encompasses various situations or incidents. Most personal injury lawyers primarily handle cases that involve a physical injury; however, people can experience injuries in other ways. Let’s look at some common scenarios:
Accidents:
The majority of personal injury cases involve accidents or negligence that lead to physical harm, whether it’s bodily harm or psychological harm. Common scenarios include automobile accidents, trip and fall incidents, pedestrian accidents, construction blunders, medical negligence, etc. In these types of cases, it is important to note that the actions of the offending party were negligent, and not intentional. An experienced personal injury lawyer can make sure that you are compensated for the careless acts of another party.
Deliberate Torts:
There are many personal injury cases where a defendant’s deliberate act causes injury or suffering to another person. Cases of physical assault and battery, trespassing, deceit, forced conversion, and any intentional acts causing emotional distress can cause harm to a person.
Product Liability Claims:
Personal injury lawyers also handle claims that arise out of defective products or food items. In such situations, a defendant can be held accountable for injuries or harm caused by negligence or intentional acts.
Defamation Cases:
You can also claim a personal injury if some other person’s published defamatory statement or behavior harms your social image or reputation in any manner.
Basics of a Personal Injury Case
No personal injury case is ever the same, as they involve different kinds of circumstances and each accident has its own unique story. However, there are a few basic similarities in the way every personal injury case is approached. Let’s see how an accident becomes a personal injury lawsuit.
A Defendant’s Tort Injures the Plaintiff:
An act of wrongdoing or negligence by a defendant that causes harm or injury to a Plaintiff may initiate a case of personal injury. This can be physical harm or emotional harm. However, keep in mind that contractual breaches are taken care of by a different body of law called “contract law,” and are not considered personal injuries.
The defendant breached a Legal Duty Owed to Plaintiff:
In many instances, people or companies owe a legal duty to the public. Such legal duties can be different depending on the relationship between the plaintiff and the defendant.
For instance, there are specific instructions or rules for drivers to follow while operating their vehicles on the road and it requires a certain level of care. If someone fails to follow those rules, it may be a breach of a legal duty. Similarly, medical practitioners need to utilize a specific level of medical competence to provide health care, and if they fail to do so, it could lead to serious injuries to patients. Further, people or companies in the manufacturing business have a legal duty not to circulate or distribute defective or damaged products in the market as that may cause harm or injury to people. A personal injury lawyer can help prove a breach of a legal duty.
Settlement:
Once the Plaintiff, or his or her attorney, is successful in proving the breach of a legal duty by the defendant, the defendant may want to settle the matter outside the court. In such situations, the defendant makes a monetary offer to the injured person that is equal to the damages incurred or that is agreeable to by the injured. The Plaintiff, in exchange, agrees not to file a personal injury lawsuit related to the accident.
If the plaintiff feels that the defendant’s offer is too low and unfair, he/she may file a personal injury lawsuit in court. Often, the settlement and negotiation process is quite complex and continues even after filing the lawsuit. It is beneficial to consult experienced personal injury lawyers who can help you arrive at the settlement amount after carefully evaluating the defendant’s liability for the accident, along with your monetary damages.
When to Hire a Personal Injury Lawyer
When Your Claim is Denied
There are many instances when the insurance company does not want to take responsibility for an accident and attempts to put some or all of the blame on you. It then becomes necessary to speak to a personal injury lawyer to ensure you are compensated.
When You Have Severe Injuries:
Victims of severe accidents often face a very tough time managing their medical expenses, and many times find themselves unfit to return to work, thereby losing income and sometimes even losing their job. Since recovery may take an extensive amount of time, even several years, it is always beneficial to hire a personal injury lawyer who knows the physical, financial and emotional suffering involved in serious accidents, and fights for your rightful compensation. Hiring a personal injury lawyer who has experience handling cases of severe injuries will reduce your stress and allow you to focus on your physical recovery and mental well-being.
When Compensation is Not Adequate:
It can be very difficult for victims to calculate the resulting expenses from the damages caused by an accident. Consequently, victims often fail to get adequate compensation from the insurance company or the negligent party because they underestimate their losses. Personal injury lawyers know the law and how much compensation an injured party is entitled to. They make sure you receive just compensation to cover all of your losses that may have resulted from the accident, including past and future medical costs, lost wages, pain and suffering, costs of property repair (for example–car damage), and any other costs that resulted from the accident.
When Multiple Parties Are Involved
Complexities grow when an accident involves multiple parties. In such cases, it becomes difficult to ascertain who is at fault and what insurance policy is at play.
How will you claim your injury then?
All you need to do is call NK Law Group, and our specialized team of personal injury lawyers will help you identify all parties involved in your accident and give you an objectified view of each party’s liability in the case.
Have more questions?
If you still have any confusion about whether your claim qualifies under personal injury law, do get in touch with us for a free consultation. Keep in mind that most personal injury cases are on a contingency fee basis, meaning no upfront costs to you and we only get paid when you do. Contact NK Law Group – Personal injury lawyer in Fremont, Ca by filling the contact form or by directly calling us at 510-519-9497.
EXPERTLY REVIEWED BY
Naseer Khan, Esq.
April 25 2024
Top-rated personal injury attorney Naseer Khan, Esq. has over a decade of experience advocating for injury victims in California. As an award-winning attorney and a member of the American Association for Justice, Khan has a stellar track record of success and devotion to justice for his clients.