Every year there are about 2.35 million car accident injuries, 8 million slip/fall injuries, and around 8,000 assault injuries reported in the United States.
Each of these types of injuries falls under the category of personal injury. Put loosely, personal injury occurs when the actions of one person cause harm to another.
The average personal injury settlement can range between $1000 and $1,000,000 in damages. If you have sustained an injury, it is well worth your time to understand what is considered a personal injury.
Keep reading to learn the definition of personal injury and find out your options for filing a personal injury claim.
What Is the Definition of Personal Injury
Personal injury law, or tort law, is what enables an injured person to file a personal injury lawsuit in order to get a legal remedy for the losses and damages they suffered as the result of an accident or incident.
A tort refers to a wrongful act or an infringement on a person’s rights. So, exactly what is a personal injury?
Personal injury refers to the damage or suffering caused to an individual because of another individual’s intentional or negligent actions. A person who has suffered personal injury was harmed by the conduct of another.
When someone behaves in a negligent or intentional way that causes harm to another person, they can be held accountable for their actions and the harm they caused.
Personal injury law allows the injured party to get compensation for their injuries. Personal injury cases get handled by personal injury lawyers in civil court.
What Is Considered a Personal Injury?
Now that you know what personal injury and personal injury law are, you need to understand what counts as a personal injury. Personal injury applies to a large variety of circumstances.
These circumstances include accidents, intentional acts, defective products, and defamation. Let’s get familiar with these categories.
Accidents
Accidents are one of the more common causes of personal injuries. The rules of personal injury law apply when the negligent actions of one individual or entity cause harm to another individual or group of people.
Some examples of personal injury accidents include medical malpractice, car accidents, as well as slips and falls.
Intentional Acts
Another common type of personal injury is one that is caused by the intentional conduct of another person. When a person engages in behavior that intends to harm another individual, personal injury rules apply.
Assault is one of the most obvious types of personal injury caused by an intentional act. Fraud, false imprisonment, emotional distress, and trespassing also fall under the category of intentional acts.
Defective Products
When a company produces a defective product that causes harm to someone, it can also be held accountable for personal injury.
Some examples of defective products can include vehicle parts, consumer products, pharmaceutical medications, and medical devices. Personal injury rules apply to any product that is defective or unreasonably dangerous.
When a person gets injured by any such product, they can file a product liability lawsuit against the company that manufactured the product.
Defamation
The final category of personal injury is defamation. Defamation occurs when a person or entity makes defamatory statements that cause harm to another person or group of people.
Why Should I File a Personal Injury Lawsuit?
The purpose of filing a personal injury lawsuit is usually to get compensation for your suffering. The compensation injured parties seek is usually financial.
Typically, this compensation goes toward the payment of medical bills and other expenses incurred as a result of the injury or injuries suffered.
Many personal injury cases are related to accidental injuries, nursing home abuse, car accidents, and medical malpractice. In these situations, the victims were owed a duty of care by the entities that caused them harm.
When the actions of entities that are meant to keep people safe instead cause them harm, injured parties can hold them accountable. However, as the injured party, you will need to prove intent or negligence.
This is why it is so helpful to have the support of a personal injury lawyer.
Do I Need to Hire a Personal Injury Lawyer?
A personal injury lawyer is an expert in personal injury law. Having an attorney on your team is one important way to ensure the best possible outcome for your case.
There are many situations that call for a personal injury attorney. Car accidents, medical malpractice, and assault are just a few of them. As a general rule, it is in your best interest to hire a personal injury lawyer.
Here’s what a personal injury lawyer can do for you.
Navigate Statutes of Limitations
The first thing your personal injury lawyer will do is ensure you are within the statute of limitations. Statutes of limitations are time limits during which a person can file a certain legal claim.
Statutes of limitations vary between states. The average statute of limitations for personal injuries is around two years.
Failing to file your claim or come forward before the statute of limitations passes will result in the dismissal of your claim.
Gather Evidence
In order to prove the cause of your injury, you need evidence. You need to prove that your injury is the result of another’s negligent or intentional conduct.
A personal injury lawyer will do several things to gather the necessary evidence to prove your case. They will go over your medical records from the injury, including any tests and rehabilitation.
The lawyer will also go over any evidence from the scene of the accident or injury. They will make use of any eyewitness, photographic, or video evidence that supports your claim.
Find Expert Witnesses
Certain personal injury cases require the testimony of expert witnesses. A personal injury lawyer will find experts who can evaluate and provide a professional evaluation of the conduct of the party that caused your injury.
The details provided by the expert witnesses will help to bolster your evidence that a certain party is responsible and should get held accountable for the actions that resulted in injury.
Defend Your Case in Court
In the event your personal injury case goes to trial, your attorney will be there to defend you. It is never advisable to attempt to defend yourself in court because your chances of getting a favorable outcome are slim.
Get a Free Personal Injury Case Evaluation
What is considered a personal injury? Personal injury law applies to instances where an injury occurs because of an accident, an intentional act, a defective product, or defamation.
If you believe you have suffered a personal injury, it is important to get legal help as soon as possible to make sure you file your claim within the statute of limitations for personal injury in your state.
If you live in the state of Texas, contact the law office of Arturo Martinez today on our website or by calling (956) 781-6203 for a free case evaluation.
