Personal injury law is a broad legal category, including several special cases not present in any ordinary criminal court system. Personal injury is often used in the context of medical malpractice cases, but can also refer to instances where a person has been harmed due to another person’s negligence. A number of personal injury law areas have developed over the years, particularly in Europe and the United States. This article briefly covers the most common personal injury law areas that face challenges in the U.S. legal system.
Accidents involving automobiles are perhaps the most common area of personal injury law. In terms of general civil law, a motor vehicle accident encompasses any case in which a person gets hurt due to carelessness or reckless behavior of the other party. Generally speaking, personal injury law recognizes that an automobile accident is an instance when the injured person has sustained some type of injury as a result of the conduct of another person on the road.
This is where personal injury law differs from a typical tort lawsuit. Claims for damages in an automobile accident generally have the highest bar of any claim to compensate for pain and suffering, physical disability or loss of earning capacity. While all states recognize some variation in the extent of damages that may be recovered in these types of cases, the bar is generally very high. That means that many individuals who have been involved in automobile accidents may never be able to recover the funds they seek from their insurers.
Another special category of personal injury law involves medical malpractice claims. Check more at Levilawny.com. Like automobile accidents, medical malpractice claims involve conduct by healthcare practitioners that cause injury. In many personal injury lawsuits, personal injury attorneys attempt to establish that the practitioner committed an act of negligence, either physical or mental, that resulted in the injury of the plaintiff. The goal of this part of the case is to obtain compensation for the harm done rather than seeking damages for the injury itself. Unlike automobile accident compensation that seek damages for the actual damages incurred, medical malpractice compensation seeks only to pay for the expenses and pain and suffering endured as a result of the medical malpractice.
An important aspect of the personal injury law that bears on the issue of negligence is that of contributory negligence. The term contributory negligence refers to the action of another person causing injury to an individual through the actions or inaction of that person. When the actions or inaction of another person results in an injury being sustained, the claim often involves that other person being held responsible for that injury.
Another type of action in a personal injury case involves damages for property damage. Commonly, when the plaintiff files a lawsuit, the defendant chooses to defend against the complaint. If the defendant chooses to fight the complaint, it is called an informal settlement. Often, an informal settlement involves a compromise between the two sides. An informal settlement usually means that the defendant will agree to pay a smaller amount of judgment to the plaintiff as damages for personal injury, or agree to take care of medical bills that accrued during the time the lawsuit was filed.
An informal settlement can be quite helpful, particularly if the plaintiff doesn’t have the means to sustain an expensive litigation campaign. Unfortunately, many attorneys also encourage their clients to accept a structured settlement rather than take legal action. Such a tactic is often referred to as “bailouts.” A bailout is not only risky financially for the defendant (who may have to retain expensive attorney’s fees), it also gives the plaintiff a black mark on his or her personal credit record.
In most cases, plaintiffs will lose if they lose a case that has such a large settlement dish as personal injury claims. The potential losses from these cases are so great that many people shy away from pursuing them at all. Those who do pursue the lawsuits often find themselves disappointed when the defendant rejects outright their request for settlement. This makes pursuing a case that may have been much more difficult without the presence of the attorney almost impossible. If you have suffered any type of accident that you believe was the result of negligence, you should contact an experienced personal injury lawyer today.