Personal injury is a legal term that means an injury to the body, mind or emotions. It is a part of torts law and the person who brings about the suit is the one who has suffered harm to his body or to his mind. Such injury lawsuits are filed against the person who has caused injury due to wilful negligence, gross negligence, misconduct and also sometimes for cases of strict liability.
Different countries have different ways of settling it but most countries involve covering the damages caused to the person by paying for his medical costs, pain and suffering.
Personal injury did not exist as a concept before Industrial Revolution. The concept of personal injury has developed from the “eye for an eye” laws which required equal punishment for the crime done.
The case that paved the way for the development of personal injury law was Donoghue v Stevenson. This case introduced the concept of “duty of care” and was also a precedent for the “neighbour principle”
The different types of personal injury are:
- Road traffics
- Product Liability
- Medical negligence
The claims and payments may be made according to the laws of the different countries. Mostly it ends in settlements for monetary compensation. Mostly personal injury is a result of negligence of the opposite party
There are 4 elements require proving negligence:
- It was a duty upon the party to act reasonably owing to the circumstances
- The party did not act upon this duty
- The breach of this duty by the party resulted in causing harm to you
- The harm that was caused to you resulted in monetary damages while the party owed you a duty of care.
Here are some of the mistakes that personal injury clients make:
- Thinking that your problem is not big enough or people might think you are stupid for bringing it up
- Not preserving evidence. If you have gone through an accident then you should preserve and look for the evidences first. Gathering necessary evidences is the key.
- Do not settle for a claim too soon. Fight for you enough to not give up so easily and be strong.
- It is extremely vital to share all information with your lawyer. It is for the lawyer to decide which information is important and which can be skipped. That is not for you to decide.
Injuries can be caused due to various reasons and can lead to very serious consequences. There can be a lot of expenses that come with an injury such as medical expenses, emotional traumas and pain. Everyone deserves justice and should never be a victim of the negligence or wrongful act done by another. We see so many cases of personal injury in our daily lives. If you are someone who has suffered a personal injury or know someone who has gone through the same then you deserve the compensation that Union City Personal Injury Attorney can get you. Hence you must fight for your own rights