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A personal injury is a physical, psychological, or economic injury that tends to have lasting effects and consequences.
Any child or adult is entitled to recover damages in personal injury case as long as they can prove that their injury was negligently caused by another person or entity. When the injured party is a minor, the law requires that a guardian be appointed on behalf of the minor. If the injured party is deceased, the law allows certain individuals to bring a "survival action" on behalf of the deceased party (see Wrongful Death). The law also allows the the spouse of a deceased victim of personal injury to recover for his or her own loss of companionship (see Wrongful Death).
A victim of personal injury may be partially at fault for causing his or her own injury and still recover part of the total damages. In these cases, juries award the victim the fraction of the total damages that corresponds to the other party's fault. For example, suppose an employee sues his employer for a work-related accident resulting in serious injury. The employee proves that his damages amount to $100,000. If the jury finds that the employee was 20% at fault for the accident, and the employer was 80% at fault, the employer will have to pay $80,000.
In most but not all civil cases, the burden is on the plaintiff (the victim) to prove "by a preponderance of the evidence" that the defendant breached a duty of care that caused the plaintiff's injuries. In other words, the injured party must show that the defendant had a responsibility to act with a certain level of care but fell below that level. Furthermore, the plaintiff must prove that the defendant's failure to act with that level of care was a significant factor in bringing about the plaintiff's damages. Proving that the defendant's care fell below the expected level of care often involves expert testimony from a variety of sources. If feasible, it is important to preserve the scene of the accident as best as possible in order to allow experts to document the incident thoroughly.
Victims are entitled to recover both general and special damages. General damages include physical pain and mental suffering, inconvenience, physical impairment, disfigurement. Special damages include past and future medical bills, expenses, lost wages, and lost earnings. Medical bills may include the price of physical as well as psychological therapy. In some cases, you may be entitled to the cost of modifying one's home, if necessary. In additional to lost wages, some individuals may be entitled to vocational rehabilitation. In cases of egregious behavior, you be entitled to punitive damages.
Pain and suffering are usually the largest component of a plaintiff's damages claim. While experts are used to establish past and future medical costs, they do not routinely testify to the amount of pain and suffering. There is no formula to calculate pain and suffering. The amount of the award is sensitive to a variety of factors including the nature of the injury, the location of the trial court, and the presentation of the case. It is recommended that you keep a journal to document your feelings and physical pain.
Punitive damages are intended to punish the wrongdoer and deter similar behavior. A plaintiff is entitled to punitive damages if he or she can prove that the conduct of the wrongdoer was fraudulent, malicious or despicable. A punitive damage award is assessed by examining the defendant's conduct as well as the defendant's economic means. Bigger corporations are fined more than smaller corporations, since a small fine cannot effectively punish a big corporation.
The time limits that govern when an action must be brought are complicated. When the injury resulted out of professional negligence by a health care provider, such as a doctor or hospital, a plaintiff has one year from the date he or she discovers the injury and its cause (or should have discovered the cause) or 3 years from the date of the injury, whichever occurs first. In all other cases, including work-related injuries or auto-accidents, a plaintiff has 2 years from date he or she discovers the injury and its cause (or should have discovered the cause). Only in rare circumstances will a court extend this time period.
Due to the severity of the injury as well as the amount of money at stake, it is wise to hire an experienced and knowledgeable law firm to prevent losing your claim needlessly. A good law firm will have access to a battery of experts to testify on your behalf. The defendant will likely retain experts to help establish that he was not at fault. A well-prepared law firm will hire accident reconstruction experts, human factor experts, or metallurgists to counter the defendant's experts and prove the defendant's liability. A good law firm will also have access to medical professionals including physicians, physical therapists, and psychotherapists who can testify on your behalf to the extent of your physical and psychological injuries. Finally, a good law firm will retain vocational rehabilitation therapists and economists who can evaluate the extent of your economic injuries and needs.
*Nothing in this website constitutes a guarantee, warranty or prediction regarding the outcome of your case.
The persons appearing in photos on this website are models used only for dramatization purposes and are not actual clients.
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