Anyone who’s suffered preventable harm should understand personal injury law—at least at on a basic level. Knowing what personal injury law is and how personal injury cases work allows you to take the next steps in your own case.
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What Is a Personal Injury?
Personal injury cases generally involve some sort of injury for which another party is liable. For instance, a plaintiff may have a personal injury case against a grocery store if hazardous floor conditions led to their slip and fall injury. The injury may be physical as well as emotional in nature.
What Is Personal Injury Law?
Personal injury law allows injury victims to seek compensation for their losses. Essentially, personal injury law is meant to protect victims after facing harm due to carelessness or negligence.
Personal injury law is also known as tort law.
What Body Oversees Personal Injury Law?
Personal injury laws are often determined at the state level, and the specifics of injury law can vary from state to state. Most states allow victims of negligence – a common liability standard in personal injury cases – to take legal action. However, states may differ in:
- Specific protections for personal injury victims
- Requirements for filing lawsuits
- Other features of personal injury law
You may consult your state’s civil code to review personal injury statutes. A lawyer can also explain more about your rights to seek compensation under state law.
What Is Negligence?
Negligence is a core concept in most personal injury cases. Someone is negligent when they fail to act out of reasonable care for others’ safety. When someone’s unreasonable actions cause them harm, a victim may take legal action against the negligent party.
Sometimes a failure to act, rather than an action, is negligent. For example, when a doctor fails to perform an emergency C-section, this may be a negligent failure to act.
Do Other Liability Standards Apply in Personal Injury Cases?
Liability standards besides negligence can apply in personal injury cases. Vicarious liability is one such standard. When someone is vicariously liable, they are legally responsible for another person’s negligence. You see this when an employer is liable for an employee’s actions.
Strict liability may also apply to personal injury cases. You see this standard when a product manufacturer is responsible for a defective or dangerous product. Even if the manufacturer isn’t clearly negligent, they are strictly liable for their products. Therefore, the manufacturer may be liable for any injury their products cause.
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What Types of Accidents Fall Under Personal Injury Law?
Personal injury law covers any accident where negligence causes harm. This can include:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Trip and fall accidents
- Slip and fall accidents
- Medical malpractice
- Nursing home accidents
- Workplace accidents
- Animal attacks
- Environmental hazards
- Premises liability
- Defective products
- Intentional acts of harm, including but not limited to criminal acts
- Incidents causing a wrongful death
The list of potential cases involving personal injury law is all but limitless.
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What Is a Personal Injury Lawyer?
A personal injury lawyer generally represents victims of personal injury. Such a lawyer may handle specific case types within the personal injury field.
What Does a Personal Injury Lawyer Do?
In the simplest terms, a personal injury lawyer seeks compensation for their client. They do what is necessary to complete their client’s case. In any given case, a personal injury lawyer may:
- Investigate the source of their client’s injuries
- Gather evidence
- Determine the client’s losses
- Seek documentation of the client’s losses
- File the personal injury claim or lawsuit
- Deal with insurance companies
- Hire experts to help with the case
- Negotiate a settlement
- Complete a trial
Each client has unique losses and needs. A personal injury lawyer may do what each specific client requires of them.
How Should Clients Evaluate a Personal Injury Lawyer?
Clients can evaluate prospective personal injury lawyers based on:
- Their past case results
- Their client reviews
- Their practice areas
- Their years of experience
- Their reputation
- The impression they make during a consultation
Clients should choose the personal injury attorney that gives them the best chance to win their case. The choice of a lawyer is a significant one. For instance, our law firm has decades of experience in civil law and our lawyers are versed in personal injury, victims’ rights, and fierce negotiations. However, we built our reputation on compassion, dedication to our clients, and unparalleled skills. Our advice is to choose an attorney you know will be there every step of the way from the first meeting to the closing of your case.
What Is the Goal of a Personal Injury Claim?
A successful personal injury claim results in compensation for the plaintiff – the person who filed the claim. Compensation may cover:
- Medical expenses
- Lost earning power
- Lost income
- Pain and suffering
- Property damage
- Other losses specific to a personal injury claim
Each personal injury case involves unique losses. A lawyer identifies a client’s every loss, then structures a target settlement around those losses.
Call George Sink, P.A. Injury Lawyers If You’ve Been Injured or Lost a Loved One
Our compassionate team is ready to take your call. We offer free consultations and can answer any questions that you have. With more than 40 years in the personal injury field, we fight for those who deserve justice in South Carolina and Georgia.
Call George Sink, P.A. Injury Lawyers today at (888) 612-7001 for a FREE consultation.
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