What Is Personal Injury Law - Things You MUST Know

Many people aren’t familiar with the legal field, save for what they see on shows like Law & Order. Nevertheless, if you somehow got harmed as a result of someone else’s negligence, it becomes important to learn a bit more about what is personal injury law. 

Naturally, this is legislation we’re talking about, so the topic is a lot deeper. We’ve put together an article that will quickly bring you up to speed and provide you with the knowledge on what is personal injury law, and in which cases you may be able to recover monetary compensation.

Let’s start.

Definition of personal injury law

What is personal injury law can be defined as a specific area of law that dictates your rights in scenarios in which you were harmed by someone else.

It’s possible to file claims in both state and federal courts for personal injury cases. If this happens, you are the plaintiff, while a person, group of people, or entities (such as companies) will be considered the defendants. 

Personal injury laws regulate which situations are considered grounds for a legal claim, but they also govern who you can file a claim against, the evidence you must present to win, and ultimately, what damages you can recover if your claims end in your favor.

Now that you know what is personal injury law, it’s time to get into the nitty-gritty of it. 

What types of claims exist?

According to personal injury law, the following situations are considered solid grounds for a claim:

1. Accidental injuries

In a situation where you suffered an injury as a direct result of someone else's negligence or failure to live up to professional standards, the personal injury law will apply and you’ll be able to file a claim.

This includes accidents on properties where lack of maintenance from the owners led to an accident, all sorts of motor vehicle accidents, medical malpractice claims where a physician's failure to act appropriately led to harm, and so on.

2. Intentional torts

These are situations where someone purposefully causes physical harm such as battery or assault. 

3. Strict liability

If you are hurt directly by someone’s actions or lack thereof, you have the right to file a claim just the same. For instance, if a defective product leads to an injury, the manufacturer of the product has strict liability.

Although they didn’t act negligently when they were making the product, they are still responsible for your losses.

Who can you make a claim against?

Typically, you can file a claim against an individual, company, or other types of entities such as government agencies that were directly responsible for your injuries. In some situations, there will be more defendants.

It’s common to see this in medical malpractice cases where it’s possible to build a case against the physician who failed to meet standards of care, as well as against the medical institution that employs the said medical professional. 

This is due to vicarious liability, a legal doctrine that dictates the medical institution is responsible for the action of their employees, whether they were negligent or not. 

In most scenarios, regardless of the individuals you’re suing, you’ll most likely be dealing with their insurance company. Since the insurer provides coverage in the event their policyholders cause harm, they will pay damages up to the limits of the policy. This comes in the form of a payment agreement or a lump settlement. If you agree to this, you also waive your right to file future claims.

What type of evidence do you need to win a case?

Depending on the facts of the case and its basis (was the injury intentional or did it occur through negligence), there will be multiple factors at play. 

The first step is proving the defendant had an obligation they failed to live up to or that they should be held accountable regardless of whether they did something wrong. For example, in a car accident, the drivers have an obligation to drive safely, and if they neglect this duty, they are liable for injuries.

Next, you must demonstrate the liable party was directly responsible for causing you harm through their actions, and more importantly, that you suffered quantifiable losses. 

What damages can you recover?

If you successfully prove your case, you need to be “made whole” again. Another way to express it is to say that the liable party is responsible for putting you back in the position before you were in the accident or experienced the event that caused you harm.

Generally speaking, you can recover these forms of compensation:

• 
  Medical bills (including future medical costs)
• Lost wages
• Loss of earning power
• Pain and suffering
• Emotional pain

In some circumstances, it’s possible to recover punitive damages which are meant as a punishment to the defendant. These are only awarded when a defendant demonstrated acts of gross negligence or malice and the jury finds their conduct was excessive.

In Florida, punitive damages can be three times the amount of the compensatory damages. Let’s say you were awarded $100k in compensatory damages - you can receive up to $300k in punitive damages.

Your choice of attorney matters

Now that you’re familiar with what is personal injury and what kind of outcome you can expect, it’s time to get to work. There are many ways in which you can proceed forward, but to ensure your rights are protected and you’re fairly compensated for your injuries and emotional pain, you will need an experienced personal injury attorney.

A legal professional will clarify which laws apply to your case, guide you through every step of the process, and ultimately, help you pursue justice.

If you want to work with the best personal injury attorneys in Florida, reach out to Law Offices Of Rite. We have decades of relevant experience and hundreds of successful cases under our belt. We work on a contingency plan - meaning we’re not getting paid unless we win your case.

Call (904) 500-RITE (7483) or message us at info@rite4justice.com to schedule a free case review and get the legal ball rolling. 

Note: 

The information in this blog post is for reference only and not legal advice. As such, you should not make legal decisions based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.