Personal Injury Law
Personal injury is a generic term for an accidental injury to mind, body or emotions rather than an actual physical injury. In English, the word is most commonly employed to describe a form of civil lawsuit in which the individual bringing the lawsuit actually suffers personal injury to either his/her mind or body. It is usually accompanied by some emotional upset or trauma. In some jurisdictions personal injury law is referred to as tort law. This article will address some of the ways personal injury law applies in the United States.
In most jurisdictions, personal injury law is designed to provide protection for victims who have been harmed either physically or psychologically by another person or business entity. Usually leviLawNy injured person’s lawsuit arises out of a claim of negligence on the part of another person or business entity. This negligence may have resulted in deliberate misconduct, invasion of personal rights, or failure to warn the public about a dangerous product.
In the United States, there are two common law bases for personal injury law – juries trial and equity. A jury trial is usually reserved for cases that could not be tried through the normal legal channels because of one of the two exceptions discussed below. The exception is torts, or common law claims of damages. Equity cases involve questions of negligence by particular entities or by the public at large.
Common law personal injury law generally does not apply to situations where the injuries occurred in the course and scope of the individual’s employment. Examples include accidents in the workplace, automobile accidents, construction site or factory mishaps and medical malpractice claims. But the personal injury litigant may bring a claim for compensatory and rehabilitation damages based on the effect of the defective products on their victims.
Employers are not immune from the common law of negligence. An employer is generally liable for permitting employees to operate dangerous machinery or equipment, for failing to make sure the premises are properly cleaned after the employees have been working, and for failing to ensure that personal injury laws are enforced. A court may order employers to pay workers for all past and future medical expenses, they suffer as a result of being exposed to defective products or being aware of those products’ potential dangers. In addition, courts may also award employees punitive damages if they are injured due to the employer’s negligence. Some states even allow awards of punitive damages in cases where the employer has purposefully behaved irresponsibly.
The typical personal injury case involves an injured person suing his or her employer for a sum of money that covers past and future medical costs, lost wages, pain and suffering, and other damages. Sometimes, the injured person may also be entitled to compensation for past and future mental anguish. Personal injury law also covers negligence, which is a term used to describe a company or organization’s failure to provide safe workplace practices. This can include things like having a toilet that is too small for employees to maneuver or not having sufficient warning before using dangerous equipment. When a person gets hurt due to a company’s negligence, it can be grounds for a lawsuit.
If a person has been seriously injured as a result of medical malpractice, then he may recover compensation from the medical professional who caused the injury. These cases often end up in court, though some cases can be settled out of court instead. Personal injury lawyers may represent the injured person in court or conduct their own investigation into whether or not the medical practice was negligent. They will also try to prove that the patient suffered injury because of the doctor’s negligence. Medical malpractice lawyers may also pursue damages for past or future medical costs that the patient has incurred as a result of being unable to work, as well as pain and suffering.
In recent years, personal injury lawyers have become increasingly involved in the fight for worker’s rights and are represented by groups such as Working Mother’s Rights Fund (WMRF), which are designed to empower working mothers and provide them with support in addressing problems such as discrimination at work. Many lawyers represent WMRF as well as other organizations that aim to improve the conditions at work for workers. There are many bar associations that provide legal counsel to lawyers practicing personal injury law. Bar associations typically function separately from the bar associations of the states, although they do usually coordinate their efforts with state bar associations.