By its very nature, personal injury law may also be called a tort law. It is a legal claim under which the injured party or plaintiff can seek justice and compensation for damage caused by one or more individuals.
Personal injury law is a good way to establish one’s rights for being harmed by a third party. The lawsuit may be filed in a Federal or state court. This area of litigation can seem a bit tricky as people struggle to understand the scope of injuries covered.
Are you also wondering about the injuries that can qualify under personal injury legal claims? This article covers all that and more. Keep reading to learn about the types of legal claims related to personal injury, who the suing party may be, the evidence needed, and the damages that may be recovered.
Types of Legal Claims under Personal Injury Law
There can indeed be different kinds of legal claims that may be pursued under personal injury law. Let’s elaborate a bit on these –
Accidental Injuries
When someone becomes a victim of some sort of negligence at the hands of another, such accidental injury can be compensated under personal injury law. One example would be that of road accidents.
Let’s understand this with St. Louis, Missouri, as our example. Why? This city was ranked the most dangerous in the US due to rising cases of homicides, road accidents, and natural disasters. Being a logistics hub, commercial truck accidents are commonplace here.
According to TorHoerman Law, such accidents involve terrible injuries like paraplegia, brain or spinal cord trauma, severe lacerations, etc. Besides such physically and emotionally distressing aftermath, even the legal process is complex due to multiple liable parties.
The plaintiff’s hopes for justice rest on experienced St. Louis personal injury lawyers who will gather evidence, conduct witness interviews, and determine all liable parties. Often, negligence on the part of the driver, cargo loading company, trucking company, etc., is at fault.
Similarly, injuries due to (accidental) medical malpractice and careless owners of properties are eligible for compensation under personal injury law.
Intentional Torts
The scope of personal injury law extends beyond the perimeter of accidental injuries. For instance – If someone has suffered assault or battery at the hands of another, they are eligible to pursue legal justice. In such cases, the personal injury litigation takes the form of intentional torts.
Strict Liability Claims
Here, the nature of the injury remains neutral. In other words, if someone is injured due to the actions/inactions of another (regardless of whether the cause was negligence or wrongdoing), they can file a legal claim under personal injury law.
An example of a strict liability claim would be defective products where the manufacturer failed to warn of the risks involved (intentionally or unknowingly).
Who Can Sue under This Litigation?
Now, let’s look at who gets to bring a claim under personal injury law. In most cases, the liable party is either an individual, an entity (like a government agency), or a company. As mentioned earlier, some cases, like truck accident lawsuits, may have multiple parties involved.
There, the defendants may be all individuals, all companies, or a mix of both. The same may happen under medical malpractice claims. Besides the healthcare provider, the clinic employing them may be held liable (vicarious liability).
What Needs to Be Proved?
In all personal injury cases, the plaintiff must prove in court that the defendant’s actions (negligent or intentional) were directly responsible for their injuries. This can often be a long-drawn process where attorneys on both sides strive to establish their point through witness statements and evidence.
An important thing to remember is that the specific elements of individual cases will vary based on the type of case. The general thumb rule is to prove that the defendant had some type of obligation towards the plaintiff. However, they failed to fulfill their responsibilities and harmed the plaintiff (intentionally or through negligence).
What Damages Can Be Recovered?
The great possibility for the plaintiff through personal injury law is that of being ‘made whole.’ This means they are entitled to recover to the same position before the defendant harmed them. The Federal Court of law compensates personal injury victims for more than just physical injuries.
The different kinds of compensation that a plaintiff may be eligible for include emotional distress, lost wages, and medical expenses. Under limited circumstances, punitive damages (which aim at punishing the defendant) are also provided.
Finally, it is important to note that not all personal injury cases are settled in court. Many are resolved outside court through an agreement between the two parties. This may happen through the defendant’s insurer or the liable company itself.
In most cases, the plaintiff’s counsel tries to get things settled out of court (as it would be less costly and time-consuming). However, the same depends upon case complexity and the parties’ willingness to negotiate.
