A personal injury is any type of physical or emotional injury to the person. Personal injuries can be temporary or permanent in nature. Personal injuries can result in death.
Personal injuries can result from a motor vehicle accident. Motor vehicle accidents include those accidents and injuries resulting from an automobile accident, a motorcycle accident, a motor scooter accident, a truck accident, a bus accident, a train accident, a boat accident, a personal watercraft accident, a snowmobile accident, an all terrain vehicle accident, and even a golf cart accident.
Personal injuries can also result from a defective product. This area of the law is known as products liability. Types of products that have resulted in product liability recoveries are too numerous to list in full, but include defective motor vehicles, defective firearms, defective baby furniture, flammable baby clothing, defective medical equipment, defective medications, defective power tools, defective lawn equipment, and defective sports equipment.
Personal injuries can result from nursing home negligence. Personal injuries can also result from the negligence of assisted living facilities.
Personal injury claims can also be the result of falls which occur on property owned by businesses or other persons. The liability of the owner of the property is not automatic, however. It must be shown that the landowner was negligent and that the negligence caused the fall. For example, if you fall in a restaurant and can prove that the material on the floor that caused the fall was the result of something done by an employee or that it was on the floor for such a long period of time that it should have been recognized and removed, the restaurant will likely be responsible for your injuries. Similarly, if a landowner knows that there is a defect on his or her property that is not observable to guests, injuries caused by the defect may also be compensable.
Personal injuries may also be the result of negligent medical care provided by a health care provider. If a nurse, doctor, podiatrist, chiropractor, surgeon, etc. fails to meet the applicable standard of care and that failure results in injury to his or her patient, the health care provider will be responsible for all of the patient's damages. These include out-of-pocket expenses, such as lost income and additional medical bills, as well as past and future pain and suffering.
In summary, if an injured person can establish that their injury resulted from someone else's negligence or misconduct, then the wrongdoer may be obligated to pay compensation for those injuries and the other losses sustained.
In order to establish that you were injured as a result of someone else's negligence it would be necessary for your lawyer to carefully understand and evaluate the facts surrounding your injury. Your attorney should discuss the facts of your injury with you and, with your assistance, determine whether or not your injury and damages resulted from someone else's misconduct.
Such misconduct can usually be found where someone breaches a duty or breaks a rule imposed upon by them by law. For example, a stop sign imposes a duty or obligation on a driver to come to a complete stop before entering an intersection. If someone breaches that duty and goes into the intersection without stopping, they are liable for any damages caused by that breach. Similarly the law imposes a duty on the manufacturer of potentially dangerous products to design and manufacture those products in a reasonably safe manner. If the manufacturer fails to design or manufacture those products in accordance with those standards, and a purchaser or user of that product is injured as a result, the product manufacturer can be held responsible for those injuries or damages.
This same kind of analysis applies to medical, legal, architectural and accounting malpractice cases. Those professionals all are required by law to meet certain minimum standards of competence in their professional practice. If their actions fall below that standard of professional care and an injury or damage results from that failure, then the patient or client may be entitled to money damages.
When evaluating a potential suit based on personal injuries the first and most important thing your lawyer should do with you is evaluate the facts and circumstances of the events in question. Your lawyer should be able to work with you to determine whether or not your injuries were directly caused by someone else's actions. The lawyer then should evaluate the claim with you to determine whether or not those injuries or damages resulted from the breach of some duty by that other person.
Finally, when deciding which lawyer or law firm to retain for your injury claim, you may find it very useful and informative to review the five tips that are mentioned in the “choosing an attorney” link on the home page of this website.