As humans, we want to be prepared at all times. From the very basic things like securing first aid kits to stockpiling foods. But what about when you got injured due to someone’s negligence? Do you know what are some common types of personal injuries for which you may file injury claims, or where to find help when such a terrible incident occurs? Don’t worry, in this article, you will learn:
- the definition of personal injury,
- the basics of personal injury,
- and the common types of personal injuries.
What is personal injury?
Personal injury law (commonly known as Tort Law) basically safeguards you when an accident or incident happens due to one’s act of negligence and recklessness. When someone suffers actual bodily or mental harm, they may file a personal injury lawsuit. It allows you to file a civil complaint which constitutes compensation (damages) for your injuries. As such, it helps to seek legal advice from a San Luis Obispo personal injury attorney so you can be guided on the steps to take.
What are the basic terms in personal injury law?
This refers to a form of compensation, mostly in a monetary form, awarded to the aggrieved party. There are two types of damages: compensatory (or actual) damages and punitive damages.
Compensatory Damages. This is meant to repay the aggrieved party’s expenditures incurred as a result of the personal injury they suffered.
Punitive Damages. This essentially refers to the sanctions or punishments imposed by the court on the individual who caused the personal injury. Often, they can be added to the compensatory damages if the court finds the defendant’s behavior reckless.
Statute of Limitations
This basically refers to the maximum time for parties involved in a particular case to engage or proceed with the legal process. This is sort of a deadline in filing a lawsuit. It is important to note that the statute of limitations is relative to your state. So, if you live in California and wish to bring a personal injury case, you have a maximum of two years to do so. However, if the injury was discovered later, you are granted an exemption in which you must bring the case within one year of the injury’s discovery.
What are the common types of personal injury?
Personal injury laws apply in circumstances where someone behaves negligently and recklessly that causes harm to another person, which, in this case, can be applicable to accidents sprouted from negligent acts or reckless behavior. Sometimes this can involve instances like dog bites, hit-and-run, head-on collisions, and others.
Every year, an estimated 38 000 people are killed on American roadways. Vehicular accidents are one of the most common types of personal injury where one’s negligent act of not following traffic rules or reckless behavior can cause injury to you. As a general rule, in circumstances like this where you have been injured due to someone’s negligence or reckless behavior, you are entitled to damages even if you are the driver, a passenger, or just a pedestrian. Some examples of these are:
- Car and Truck Accidents
- Bicycle Accidents
- Pedestrian Accidents
Slip and Fall Accidents (Premises Liability)
Have you ever slipped and fallen on a business property or in your neighbor’s yard because of neglected hazards? If this is the case, then you might consider getting an attorney.
Whether public or private, property owners have a legal obligation to ensure that their premises are free of hazards and harm to everybody. The owner’s negligence to these responsibilities may lead to a liability to the aggrieved or injured party. It is also important to take note that not all incidents that occur on a certain property inevitably result in the owners being held liable.
Some examples of these are tripping over unorganized or untucked electric wires, slipping due to spills in the walkway, falling down the stairs due to its steepness, and others.
If you have been misdiagnosed or given the incorrect medication, you should consider seeking help from a lawyer.
When a doctor or medical practitioner makes a mistake in our health care or treatment plan, it can have serious effects such as deterioration of one’s physical condition or even death. As health or medical practitioners, they have a legal obligation to guarantee that we get proper treatment in accordance with health standards.
It is best to consult with a medical malpractice attorney because such situations are complex and frequently challenging.
Have you ever lost someone as a result of someone else’s carelessness or recklessness? If yes, then you should not burden yourself with expenses (either medical bills or funerals) that may arise in these circumstances. If such a terrible thing occurs, the deceased’s family can seek compensation for lost income, companionship, and other losses by bringing a wrongful death suit.
Intentional Acts (known as intentional torts)
When we discuss what the kinds of personal injuries are, we frequently limit our discussion to injuries that occur as a consequence of an accident or owing to someone’s negligence. However, this is not absolute. Assault and battery, both of which are intentional acts, are only a few of the many exceptions to the general rules of personal injuries. Remember, if this happens to you, you may initiate a civil suit seeking compensation or injury claims.
Some common examples of these are:
- Invasion of privacy
- False imprisonment
Any defective or excessively unsafe product has the potential to hurt or injure someone, including you. For instance, you may have wrecked your car owing to faulty vehicle components, or you used a faulty medical device, which resulted in either inflicting you harm or worsened your medical condition. If such things happen to you then you may file a personal injury suit to seek compensation or an injury claim. It is mandated by law that products should be safe to use and free from any hazards. As a result, manufacturers, company owners, or even government institutions or entities who sold, planned, produced, or promoted a harmful or defective product may be held liable.
Defamation occurs when a person makes a defamatory or false statement about another person or group. This essentially harms one’s reputation and, to some certain degree, one’s mental and emotional frame of mind. This act is a civil wrong that constitutes awarding damages to the aggrieved party. Libel and slander are the common types of this act. So when someone publishes online or spreads fallacious and defamatory information against you, then it is recommended that you get a personal injury lawyer to help you.
Emotional distress can either be negligently or intentionally inflicted on someone. Emotional distress defines the mental health problems your personal injury caused. This is basically you having or developing emotional problems due to personal injuries committed against you. For example, if someone made libelous accusations against you, there is a good likelihood that emotional difficulties may follow. Such a kind of personal injury is complex for your need to establish that there is indeed emotional distress inflicted upon you. So it’s better to seek legal aid from an injury attorney to help you file a civil suit and get your injury claims.
Seek help from experienced personal injury attorneys!
Experiencing the situations narrated above is beyond awful, and no one should be alone in dealing with such things. Seeking help from lawyers who specialize in personal injury cases will help you get what you deserve.