The Basics of Personal Injury Law

The goal of personal injury law is to restore or “make whole” someone who suffers an injury due to the negligence or carelessness of another person. In this article, we will explain the basics of personal injury law, which may serve as a starting point if you need guidance.

Personal Injury Law Overview

Personal injury law is the area of law pertaining to injuries to another person, rather than to property. This area of law is an example of tort law. Tort law allows injury victims the ability to file a lawsuit in pursuit of damages (financial recovery). Every state has individual personal injury statutes (laws and procedures). However, all are relatively similar in that their goal is to provide victims the opportunity to pursue justice and compensation.

Common Types of Personal Injury

Personal injuries are any physical, mental, or emotional injuries caused by negligence or carelessness of someone else. Personal injury law is fairly broad and includes situations including (but certainly not limited to):

• Accidents – Examples include automobile accidents, slip and fall accidents, unsafe workplace conditions, unmaintained property, etc.
• Medical malpractice – Examples include surgical errors, failure to diagnose, failure to administer treatment in a timely manner, retained surgical objects, medication errors, birth injuries, improper diagnosis, etc.
• Defective products – Examples include defective, dangerous, improperly labeled, or contaminated products sold to consumers.
• Intentional acts – Includes assault and battery and other intentional acts causing harm to someone else.
• Defamation – Defamation may fall under the umbrella of personal injury if the derogatory statements cause harm to the victim’s reputation or mental wellbeing.

Personal Injury Damages

Personal injury laws allow the victim (plaintiff) to pursue certain damages. These damages may be “general” or “special” damages, which may include:

• General damages – Non-financial losses, such as defamation, pain and suffering, emotional distress, and loss of consortium (companion/spouse/significant other)
• Special damages – Financial losses, such as medical bills, funeral expenses, lost wages, or lost earning capacity

The type of damages that can be sought in a personal injury lawsuit largely depends on the individual facts and nature of the claim being made. These examples may offer a baseline to help you understand damages that may be available. The list is, however, not exhaustive.

Contact a Personal Injury Lawyer

If you are battling a personal injury and are questioning whether or not you have a legal claim, contact Daic Law. At Daic Law, we will review your case absolutely free and help you determine if you have an actionable claim. If so, we will help you build a case and pursue the justice you deserve. To learn more, call us at 877-893-6040, or email us at info@daiclaw.com.