What constitutes a “Personal Injury” case?

Personal injury is a legal term that refers to a particular branch of tort law that covers any type of injury, damage, or other forms of wrongdoing that affects a person’s body, property, reputation, constitutional rights, as well as any mental or emotional injury. Torts are defined as civil wrongs that are recognized by the law as grounds for a lawsuit. The “wrong” that results in any type of injury or harm, that should have or could have been avoided, is considered to be a basis for claim by the injured party.

Some forms of tort laws deal with wrongs that are considered to be more criminal in nature, and are punishable by imprisonment. That being said, the main focus of any tort law is to recover damages owed, and to discourage other people from perpetrating similar wrongs.

Torts generally fall into one of the three main categories: negligent torts, strict liability torts, and intentional torts. Negligent torts are wrongs that occur when the wrongdoer acted in an unreasonably safe manner. This type of tort implies that the wrongdoer knew better, yet acted inappropriately.

Strict liability torts address wrongs that came about due to a specific act that caused damage, not necessarily by the degree of caution (or lack thereof) used by the wrongdoer. Intentional torts are considered to be wrongs which the wrongdoer knew (or should have known) would happen through their actions or inactions. Tort laws are state based and shaped by the legislature (statutory law) and judges (common law).

 

Personal injuries can be comprised of any of the above-mentioned categories of torts, and can happen in a variety of ways, such as on the job, in a traffic accident, as a result of faulty equipment, as a result of negligence, or something as simple as a basic slip and fall. While the type of injury can vary, it must have occurred due to blatantly unsafe conditions, as a result of negligence, or from direct unsafe actions by a person (such as a doctor, employer, manufacturer, property owner, etc.). A personal injury can fall into several classes, including: medical or professional malpractice, medical or professional negligence, or involving wrongful death, trespass, slander, nuisance, assault, battery, etc.

Industrial disease cases also fall into the category of personal injury. These cases commonly include illness relating to a specific type of job, or certain work conditions. Some of the most common industrial disease cases deal with people who have developed asthma, COPD (chronic obstructive pulmonary disease), mesothelioma, emphysema, chronic bronchitis, asbestosis, silicosis, pneumoconiosis, contact dermatitis, repetitive motion injuries, and occupational deafness, along with other types of occupational stresses.

When a personal injury has occurred, the party that has been adversely affected (the injured party) may be entitled to compensation for damages incurred, also known as monetary compensation. In these cases, a lawsuit needs to be filed in order for the party responsible for the injury to be held accountable.

 

The main principle of a personal injury lawsuit is to gain financial compensation for the damage that has been done. This damage can be due to the injury itself and its impact on your normal life, loss of income due to the injury, medical expenses you were forced to incur because of the injury, pain and suffering, permanent disabilities from the injury, and various other issues related to the incident. In some cases, you may be entitled to punitive damages as well.

 

If you are unsure whether or not you have a valid personal injury case, it is always a good idea to consult with a personal injury attorney. In many cases, hiring an attorney becomes an essential part of the process, as cases can grow into very complicated legal matters, which is especially common with malpractice cases. It is crucial that you meet with a personal injury attorney, as he or she has specialized knowledge of how to prepare your case appropriately, and what is needed to take your case to trial should you need to do so. These attorneys typically work on a “contingency basis”, which means that they are not paid any money until the case is settled. At the time of settlement, the attorney takes a percentage of the injured party’s compensation.

 

Personal injury settlements can vary a great deal in size and payout. These settlements are a legally binding agreement that is reached between the parties involved in the lawsuit. A settlement is reached in lieu of taking the case to trial, and is typically initiated by the injured party, also known as the plaintiff. The hope is that the wrongdoer, also known as the defendant, will accept the initial offer, or agree to a compromised offer, and the case can be settled quickly without a jury trial.

 

In some cases, a structured settlement may be set up to protect the injured party financially after a settlement has been reached. A structured settlement provides certain tax benefits for the injured party and allows the party to adequately financially plan for future needs as a result of the original injury.

 

The potential of any type of accident or other circumstance that could result in a personal injury claim is great enough that personal injury insurance is generally required by law in most states. Although the amount required does differ from state to state, the coverage can be quite beneficial. This type of insurance can pay up to eighty percent of your medical bills resulting from the injury, as well as a percentage (usually up to about sixty percent) of your lost wages.

It is important to understand that an Atlanta personal injury lawyer can help you in a wide variety of ways.

  • He or she may also be able to find additional areas of compensation, that you may be entitled to receive.
  • An attorney can deal with your insurance company for you. Since insurance companies have plenty of attorneys working hard on their behalf to minimize total payouts, you should have one working hard on your side to ensure you receive exactly what you deserve.

The Hurt 911 Injury Group is the best solution for your injuries suffered in an accident, and we can manage your injury treatments and legal claims to ensure the best outcomes. At The Hurt 911 Injury Group, we can help you avoid years of chronic pain. HURT 911 helps you speed up the recovery process with maximum compensation for your injuries, pain, and suffering. Have you been injured in a car crash or other accident? Get a free case review from The Hurt 911 Injury Group at www.1800hurt911ga.com or by calling 1-800-HURT911 or 1-800-487-8911.