Understanding Personal Injury Law: A Beginner's Guide

For those unfamiliar, personal injury law is a subset of the legal field that directly deals with rectifying injuries caused by another person’s negligence or wrongful conduct. During these types of cases, there is a plaintiff and a defendant. The former is the injured person who is seeking compensation from the latter for their losses. While this may seem simple on the surface, personal injury law can become very nuanced with the different types of cases, damages, and legal considerations to keep in mind.

The first step to understanding a personal injury lawsuit is understanding how to prove personal injury did occur. Four main elements must be established in a personal injury claim:

1. Duty of Care: First, it must be shown that the defendant had a duty of care of keeping you out of harms way by acting in a reasonable and expected manner. 

2. Breach of Duty: Second, it must be shown that the defendant breached their duty of care by acting out in such a way that harm may be caused. 

3. Causation: Third, it must be shown that the breach of duty of care by the defendant directly led to the accident that caused your injuries. 

4. Damages: Fourth, it must be shown that you were injured as a result of the accident. 

Assuming all four of the above are evident in your case, you may have a personal injury lawsuit on your hands.

By identifying the most common types of personal injury cases seen today, you can also identify if your case fits the mold of one of these types. The six most common types of personal injury cases include: 

1. Car accidents: While traditionally an insurance issue, car accidents where negligence exists and car insurance doesn’t provide just compensation may fall within personal injury law. 

2. Slip and fall accidents: In the event you have a tumble due to someone else’s negligence, such as failing to put a wet floor sign down, personal injury may be proven. 

3. Medical malpractice: In this situation a doctor not operating as intended or perhaps even performing an unwanted operation can be proven as personal injury. 

4. Product liability: Using a product as it's intended only for it to blow up in your face (sometimes literally) is an example of product liability personal injury. 

5. Workplace injuries: Finding yourself injured during the normal course of your job is a frustrating, yet all too common experience that workers' compensation sometimes does not cover. 

6. Construction accidents: Finally, if you find yourself injured walking near a construction site due to improper signage, improper construction boundaries, or some other similar situation then you may be owed funds.

There is a very important legal concept to keep in mind during a personal injury case which is the statute of limitations. This principle is the legal time limit within which a personal injury lawsuit must be filed and will vary depending on the state you live in along with the type of case in question. The point of a statute of limitations is to prevent stale cases and to ensure that legal disputes are solved promptly. Should you miss the statute of limitations for your personal injury case, it very possibly might be barred and you may be unable to pursue it.

The way in which a plaintiff is made whole during a personal injury case is through the recovery of damages. When looking at how a personal injury lawyer protects your rights, proving the existence of three types of damages is critical:

• Economic Damages: These are monetarily tangible damages such as medical expenses, lost wages, property damage, and more which the victim suffered. 

• Non-economic Damages: These are monetarily intangible damages such as pain and suffering, emotional distress, loss of reputation, and more which the victim suffered.

• Punitive Damages: These are damages assigned when it’s determined the defendant acted willfully and maliciously and typically result in legal consequences for the defendant.

Oftentimes, assuming damages are awarded to a plaintiff, insurance will come into play to cover the cost. Liability insurance is when the at-fault party’s insurance company is responsible for compensating the injured party for their losses and is the most common example. However, medical insurance is another common type and the court may rule that the injured party’s insurance company needs to pay more.

The final step in understanding how personal injury law works is learning how the legal process unfolds. Following the accident that started the entire situation, there are five main steps to the legal proceedings:

• An initial period of investigating and evidence-gathering will occur

• A formal complaint will be issued against the defendant by the plaintiff 

• A period of discovery will ensue during which both sides will go back to collect information and attempt to uncover relevant facts in the event the case goes to trial

• The case will either be settled or it will be sent to trial

• The case can be appealed after a period of time if one of the party’s is unhappy with the results 

Try to keep in mind that the length of time to resolve personal injury lawsuits will vary drastically depending on the details of a case. It can be as quick as a couple of days in open and shut cases or as long as months, sometimes even years, in less clear cases. This is why bringing on the help of an accredited lawyer is so important.

Understand your legal options following an accident 

As you now understand, personal injury law is a crucial part of the legal system that allows a person to receive compensation for their injuries. Proving personal injury has occured is far easier said than done, though, which is why bringing on the help of an accredited attorney is so crucial. This licensed professional can help prove that negligence was present and that another party breached their duty of care in such a way that you were injured. This can allow you to recoup economic or non-economic damages so that you can get back on your feet quicker.