Personal injury law determines your rights when you are harmed due to someone else’s mistake or negligence. In these cases, you can file a lawsuit in a state or federal court.
You, as the person filing the lawsuit, are called the plaintiff, while the individuals, companies, or other institutions you’re suing are called the defendants. Personal injury law outlines the situations that can lead to a lawsuit, who you can sue, what you must prove to win your case, and the compensation you may receive if you are successful.
What Types of Cases Are Handled in Personal Injury Law?
Personal injury law can cover a wide range of situations, including the following:
- Injuries from Accidents: When you are injured due to someone else’s mistake, negligence, or failure to uphold professional duties, personal injury law applies. These cases can involve medical errors, accidents caused by property owners’ negligence, or car crashes.
- Strict Liability: Sometimes, a person’s actions or inactions cause harm, even without negligence or intent. For example, if a defective product harms you, the manufacturer could be held strictly liable, regardless of whether the product was created intentionally or carelessly.
- Intentional Torts: If someone intentionally harms you, personal injury law allows you to seek compensation. Examples include assault and battery.
There may be other situations where you can file a lawsuit under personal injury law. A seasoned personal injury lawyer can help you understand the legal process based on your specific case.
Who Can You Sue in a Personal Injury Case?
Personal injury law determines who you can sue when an injury occurs. In most cases, your lawsuit will be filed against the individual, company, or institution directly responsible for your harm (such as government agencies). However, in some cases, you can file against multiple defendants.
For instance, in medical malpractice cases, you may sue not only the doctor who provided inadequate care but also the clinic that employed the doctor. This is where the principle of vicarious liability comes into play, which holds employers responsible for their employees’ mistakes during work. In many personal injury cases, you will primarily deal with the defendant’s insurance company, which compensates for the harm caused within the policy limits.
What Must You Prove to Win a Personal Injury Case?
As the plaintiff, you must prove that the defendant is liable for your injury. What you need to prove depends on whether the defendant acted negligently, intentionally, or if strict liability rules apply.
Generally, you must show that the defendant had a duty (such as driving safely or manufacturing safe products), breached that duty, and caused you harm because of that breach. It’s essential to demonstrate that the defendant directly caused your harm and that the injury is compensable. You will also need to establish the credibility of your evidence.
What Compensation Can You Receive in a Personal Injury Case?
If you win your personal injury case, you are entitled to compensation to restore you to the state you were in before the injury occurred. Compensation types may include:
- Medical expenses
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Punitive damages in certain situations, designed to punish the defendant.
However, some states may limit punitive damages or non-economic damages. An experienced personal injury lawyer can guide you through these limits and help you prove the full extent of your loss.
How Are Personal Injury Cases Resolved?
In personal injury law, you have the right to file a civil lawsuit for compensation if you are in the right. However, it is also possible to resolve your case without going to court.
Many personal injury cases are settled through out-of-court settlements. The defendant’s insurance company may offer you a specific amount of compensation in exchange for you waiving your right to sue further. Settling can allow you to receive faster compensation and avoid the stress of a lengthy court trial, but the settlement amount may be less than what you could potentially win in court.
Contact Us for Assistance
If you are dealing with a personal injury case, contact Yellow Law. Our team of experienced attorneys is here to help you navigate the legal process, protect your rights, and ensure you receive the compensation you deserve.