Personal Injury Law: An Introduction
Personal Injury Lawyer
A personal injury can range from mildly inconvenient to completely devastating but no matter where your injury falls on that spectrum, it’s significant to you. Nobody is ever truly prepared to deal with a personal injury, because they never happen unexpectedly. That’s why it’s important to do your homework beforehand so you’re not left with no sense of direction after your accident.
Here is a brief introduction to personal injury law and how it applies to you.
When does Personal Injury apply to me?
There are many instances where you might find yourself in a situation that would fall under personal injury.
Generally speaking, you could file a personal injury claim if you sustained any injuries as a result of someone else’s negligence, or lack of proper care when performing an action. There are numerous types of personal injuries, for example; slip and fall accidents where the store owner didn’t put up a caution sign, a motor vehicle accident where the other driver was distracted by their phone, medical malpractice where the doctor prescribed the wrong medication and you subsequently suffered. If you’re unsure on whether or not your injury classifies as a personal injury, you should speak with your attorney.
Proving your injuries are legitimate
Personal injury cases are typically broken out into three categories: negligence, intentional torts, and strict liability. Negligence and intentional torts require you to prove that the person caused your injury, either unintentionally (negligence) or with purpose (intentional tort), whereas strict liability only requires that you prove a defective product caused your injury. In any case, you still need to be able to prove that your injuries were from the accident. Your best evidence is having a medical professional testify (by documentation or in person) that your injuries were, in fact, caused by the actions of the other person. For instance, you’d need to prove that your whiplash was caused by someone rear-ending you or that the defective product exploded, which caused your burns. This is why seeking out independent medical evaluation and treatment after your accident is vital to your case, as is retaining all documentation of your visits. You should bring all related bills and receipts with you to your consultation with your personal injury attorney.
Not all types of personal injury cases involve physical injuries. In defamation cases, the plaintiff can file a lawsuit against another person for making a statement that caused harm to their reputation. This often takes the form of slander or libel, which are written and oral statements that are inherently false and only serve to damage the intended person’s reputation. It’s important to realize that you can and should bring a defamation case to your personal injury attorney to pursue, especially if it has caused you significant strife.
Whether you’ve been injured physically or reputationally, it’s important to seek legal help as soon as possible. Contact a personal injury lawyer Wytheville, VA relies on to set up a consultation.
Thanks to The Law Offices of Mark T. Hurt for their insight into personal injury law.
Posted on March 9, 2019 @ 6:15 pm