Personal Injury Law is the specific law that governs the harmful act or damage done to another in his person, property, rights, or reputation, which is commonly referred to as Tort. The primary goal of personal injury law is to provide relief to the injured party and to deter the liable party from inflicting further harm to others. When a person is injured, tort law will rule whether that person may be compensated for the injury, the amount of compensation that may be recovered, as well as which parties will be liable for the injury.
Types of Injury Claims
In the United States, personal injuries constitute most of injury claims. Personal injury claims may occur from vehicular, plane or boat accidents; slip and fall accidents; animal bites or attacks; medical malpractice; defective or dangerous products; or intentional assault. A number of personal injury claims can also result from injuries sustained in the workplace, including complications from industrial diseases, recurring strain injury and occupational stress. Other injury claims include suits for libel, slander, defamation and property damage.
Bringing an Injury Claim
If the negligent, reckless or intentional acts of another results to an injury, injured parties or their loved ones should obtain legal representation as soon as possible. Although it seems that no one is at fault for the injury, or that injuries are minor, it may be beneficial to seek legal advice before the statute of limitations expires and precludes further legal action. An injured victim may be able to recover through a formal civil court proceeding, or through informal settlement negotiations.
Common Types of Recovery in Personal Injury Claims
- General Damages compensate losses related to the injury that are not easily quantifiable, including compensation for pain and suffering and loss of enjoyment of life.
- Loss of Consortium Damages compensates the spouse for any lost affection, solace, comfort and sexual relations which may result after an injury.
- Lost Earning Capacity compensates an injury that has interfered with a party’s capability to earn money in the future.
- Lost Wages recover any wages lost from the date of the injury to the date of settlement or judgment.
- Medical Expenses recover medical expenses incurred in connection with the injury.
- Punitive Damages. The goal of punitive damages is not to compensate the plaintiff, but to punish the defendant. Punitive damages may be awarded any time the defendant engages in reckless or intentional wrongdoing.
- Wrongful Death compensates family members for the loss of the victim.