Personal injury is a broad term to describe an injury to one’s body, mind or emotions rather than an actual physical injury to physical property. In Anglo-American systems the word is most often used to describe a sort of civil lawsuit where the plaintiff has allegedly suffered some sort of injury to either his or her mind or body. Because personal injury law is more complex than in many other types of law, it’s wise to speak with a qualified personal injury attorney if you wish to pursue such a case.
This law has developed out of what are called “nuisances” – circumstances whereby a person’s actions cause damage to another person. The most common causes of personal injury are traffic accidents, construction and manufacturing accidents, boating and boat accidents, and medical malpractice. In these cases, there may be claims for general damages (meaning damages for any damage done to property) and special damages (meaning any pain and suffering caused to the plaintiff). In instances where an insurance company is liable, the insurer may also be held responsible for any special or general damages incurred as a result of their negligence. Because many states have what is called a comparative negligence statute – which allows a judge to compare the financial results of two similar actions and decide which resulted in greater financial harm – a strong case can be made on either side of these circumstances to pursue a personal injury claim.
Another area of personal injury law that has come up through time is that of false imprisonment. This, of course, has to do not with the victim having been confined in a mental facility as in a jail, but rather in holding someone in a place against their will. Some common law jurisdictions have a common law tort of false imprisonment. This tort may be brought against a person who holds another in confinement against their will, either through physical force or by threats of physical force. Sometimes this type of lawsuit can include punitive damages as well.
Another area of personal injury law that has been litigated frequently is that of motor vehicle collisions. As one might suspect, these cases are notoriously hard to prove. While it is sometimes possible to show negligence on the part of a driver of a car or truck, this is often proving difficult to do in the case of a driver of a motorcycle. In cases involving motorcycles, courts require that there be proof beyond a reasonable doubt that the motorcycle was being driven in a negligent manner. There are many factors that are taken into account when determining this, including the distance traveled, how close the motorcycle was to another vehicle, if the motorcycle did not have enough oil in it, if the motorcycle was traveling at an excessive speed, and so on.
It should be noted that just because a person has a legal duty to exercise reasonable care, this legal duty does not mean that the injured person will receive compensation. Legally speaking, there is no such thing as absolute negligence. What this means is that a person can be held responsible for injuries even though they may not necessarily know that they are causing an accident. This takes place in cases of auto accidents as well as motorcycle accidents. If a driver of a car is held legally responsible for a car accident because they were not keeping a reasonable distance from other vehicles on the road, it does not mean that they will receive any sort of monetary compensation. In most cases, insurance companies do not make it easy for people to receive any type of financial reimbursement.
When an accident occurs and there is damage to property as well as injuries, it is extremely important that an injured person consults with a personal injury attorney as soon as possible. By doing so, it can help them determine whether or not to proceed with a lawsuit. In some cases, the injured person may wish to consult with their insurance company about recovering any medical expenses. However, if a personal injury claim is pursued after an accident has occurred, it will become very important for the injured party to seek counsel before moving forward with the proceedings.