Personal injury is a legal term for any form of harm to the mind, body or emotions, rather than an actual physical injury to property. In Anglo-American law the term is most frequently employed to describe a kind of civil tort suit in which the plaintiff (the “plaintiff” or” claimant” in English Law) has allegedly suffered some harm to his/her body or emotions. The term is also used in a less technical way to describe any form of emotional suffering, such as distress or grief. In many jurisdictions, including the United States, personal injury law is a body of law that exclusively deals with claims regarding injuries to one’s emotions. In such a law, the plaintiff (or “plaintiffs”) may seek damages from the person, organization or government responsible for the alleged injury.
In many personal injury cases, the plaintiff is able to recover damages from the defendant only if the defendant can be shown to have, by some measure, actual knowledge of the plaintiffs’ harm. Actual knowledge requires the defendant to have knowledge of the facts or circumstances underlying the injury. That is, it is not enough for a defendant to merely have had knowledge of the injury. In some cases, courts may require a defendant to be proved “guilty of all the elements of the crime” before the plaintiff’s damages for pain and suffering can be recovered. Even in cases in which liability can be established, however, defendants are often able to assert procedural defenses to shield their standing from damages.
In most personal injury cases, the damages awarded to the plaintiff by the court is usually limited to actual costs incurred by the injured party. There are two exceptions to this general rule. First, in cases involving medical malpractice, the damages award may include damages for the loss of a future earning capacity. Second, in special circumstances where the plaintiff has been injured due to the negligence of another person other than the defendant, the court may allow the award of damages even if the plaintiff does not receive future compensation.
In addition to awarding damages for lost earning capacity and future earning capacity, courts may also award compensation for emotional distress. Emotional distress results when a person lacks confidence, peace of mind, satisfaction and enjoyment in his/her life. The damages for emotional distress are usually limited to actual damages (including medical bills) and pain and suffering. Refer to The Musgrove Trial Law Firm.
When you file a lawsuit, you must first establish the facts of your personal injury case. If you are seeking damages for an automobile accident, you will need the consent of the other driver. This is known as an auto accident in legal terms. In some instances, you may still be able to file a personal injury case even if another driver is not named in your lawsuit. However, the chances of success are not good.
Other types of personal injury cases are brought on behalf of employees who suffer injuries while working. These lawsuits typically cover medical expenses and other workers’ compensation benefits typically associated with employees working for an employer. The laws governing these lawsuits vary from state to state. It is not uncommon for plaintiffs to try to force state courts to allow them to sue on behalf of employees who have died, been disabled or are seriously injured.
After you file your personal injury lawsuit, you must determine the amount of damages that you seek to be awarded to your party. To determine this, you must assess the extent of your injuries, the extent of the physical and mental suffering that you have experienced, and the cost of your medical treatments. In many cases, the injured party may attempt to reduce the damages that they are seeking through negotiations with the defendant. The defendant may also assert that it has a legitimate reason for not covering the damages. If the case proceeds to trial, the plaintiff may be required to pay all or some of the costs of their defense.
Damages awarded in personal injury cases vary greatly depending on several factors. Typically, the court will consider the severity of the injury, the extent of the damage caused, and the extent of the negligence of the defendant. Additionally, there are damages that are commonly awarded such as punitive damages, which are intended to punish the defendant for negligence. If your claim for damages does not include punitive damages, the court will usually award personal injury attorneys who will represent your claim. However, if your claim includes punitive damages as a result of the defendant’s negligence, you may be able to receive an additional amount from the jury.