Personal Injury: What It Is
Personal injury is an area of law designed to protect those harmed by the negligence, recklessness, malpractice, or inaction of others. Also called tort law, personal injury law encompasses a full range of legal claims, from wrongful death, auto accidents, and medical malpractice to defective drugs, product liability, and workers' compensation. Each victim can file a personal injury claim for physical injury, emotional injury, and, occasionally, for property damages. Further, in some cases - such as those involving medical malpractice or wrongful death - the family of the injured or deceased can file suit on behalf of its loved one.
Those who file claims may be eligible to receive damages, namely financial compensation for their loss of income, pain and suffering, emotional distress, permanent disability, and other resulting injuries.
Understanding Personal Injury Law: Establishing Your Claim First, realize that if you can demonstrate that 1) the person charged truly bears legal responsibility for your personal injury and 2) that the damages claimed truly reflect the extent of the injury or loss, you may have a personal injury case. Every personal injury case must address these two crucial elements, called (1) liability and (2) damages. These elements, depending on your state, may be established on one of three bases : negligence, strict liability, and intentional wrong.
Do You Have a Case?
The following personal injury claims* fall under the heading of personal injury and may be prosecutable:
Motor Vehicle Collisions - auto accidents, as well as truck and motorcycle accidents, can result in serious personal injury to those involved in the collision. Injuries from traffic accidents are the leading cause of death for Americans from age 6 to age 33. According to national statistics, approximately 6,000,000 auto accidents occur each year, causing over 40,000 deaths and 3,000,000 injuries. The NHTSA compiles statistics regarding motor vehicle accidents, in 2001:
• 3,000,000 people were injured in motor vehicle accidents.
• 41,300 died in motor vehicle accidents.
• 40% of the fatalities were alcohol related.
• 2,600 children under the age of 15 were killed in accidents.
• 7,500 young drivers (16-20) were involved in fatal crashes.
• 3,000 motorcyclists were killed.
• 4,700 pedestrians were killed.
• Improper use of seat belts accounted for 63% of the fatalities.
Defective product injury - defective products, including drug and medical devices, can cause serious personal injury to patients. Personal injury lawyers have the expertise needed to help you pursue these claims.
Exposure to toxic material - toxic materials used in the workplace and those that leach into the environment through groundwater contamination and other methods are often the cause of personal injury claims.
Medical malpractice - medical negligence, hospital malpractice, and doctor mistakes are often the subject of personal injury claims.
Wrongful death - when someone is killed as a result of another's negligent actions, the family of the deceased often has grounds for a wrongful death claim.
Drug injury - defective drugs and those with serious side effects that are the subject of a drug recall can cause serious personal injuries.
Nursing home abuse - also known as nursing home neglect, nursing home abuse occurs when a resident of a nursing home is subject to physical abuse, mental abuse, or abandonment.
Job injury - construction accidents, industrial accidents, and other on-the-job accidents often result in personal injuries.
* Personal injury is a broad, evolving area of law. If you do not see your particular claim here, it is still wise to speak to an attorney from Kelley|Witherspoon in order to receive trusted legal advice.
How to Proceed with Your Personal Injury Lawsuit
If you are considering pursuing a personal injury lawsuit, Kelley|Witherspoon has the legal expertise, trial experience, and skill needed to help you build your case and win the compensation you deserve. However, be aware of the
Statutes of limitations laws in place in your state. Every personal injury claim must be filed within a certain amount of time or it will expire; if a claim expires, it will be barred forever and you will lose your chance to collect compensation.