Personal injury is basically a legal term used for an accidental injury to one’s body, emotions, or mind rather than an actual physical injury to property. In Anglo-American societies the term is commonly employed to describe a sort of tort suit in which the plaintiff bringing the suit is claiming damage to one of his or her own body or mind. The term can also apply to cases when one’s body or head is harmed by another human being or animal. Personal injury law covers a wide range of areas, including advertising campaigns, defective products, and medical negligence.
One type of personal injury claim is that where a person gets ill, for whatever reason, and there is an apparent liability on the part of the individual who caused the illness. This might be because of a health issue or might simply be as simple as failing to take precautions. In either case, the defendant might be liable for the damages incurred as well as any medical care that were necessary as a result of the plaintiff’s condition. If a time limit for filing the claim has been agreed upon, such a limitation could also apply to any action brought against the defendant in civil court.
Another type of personal injury law lawsuit arises when a person feels that he or she has been wronged by another person. Whether the wrong done is intentional or not, the plaintiff is allowed to file a lawsuit to recover damages. Commonly, this happens when an employee or client suffers from the wrongdoing of another company employee, or when an employee of a government agency is suspected of wrongdoing. In these situations, the employee brings a lawsuit against the entity in question, asking for compensation for the mental and physical pain and suffering, or punitive damages. Damages may also be recovered from an employer who fails to provide a safe workplace.
Another way to file personal injury claims is through the use of the state’s workers’ compensation system. Similar to other workers’ compensation laws, personal injury claims processes require the filing of a complaint, followed by a hearing with a state administrative law judge. The plaintiff is then allowed to ask for monetary damages from the defendant. Once the administrative law judge renders his decision, a settlement amount is usually awarded to the injured party. The amount decided upon is often a percentage of the pre-determined salary of the injured person.
Apart, from monetary compensation, personal injury claims may also award general damages. General damages are meant to cover the cost of living, medical bills, and other things that can be directly related to the claim. In some personal injury claims cases, the ruling may also award punitive damages, which mean the defendant is ordered to pay damages to an individual who has been injured.
The above are just some of the common types of personal injury claims that people may be able to file in court. If you think that you have been involved in an accident that was not your fault, you may also be eligible for compensation from the other party. There is always a chance that your case will be rejected but keep trying. No one ever gives up their rights just because they don’t win a lawsuit. With hard work and patience, you should be successful in your claim.