What Is Considered a Personal Injury Case?

Have you ever seen the attorney commercials about products that may have caused harm, or for automobile accident attorneys? The cases the attorneys are covering on the somewhat melodramatic advertisements are called personal injury cases, which can be very crucial in acquiring fair compensation for those who have been affected by a personal injury. Have you ever found yourself in a situation that made you wonder if you need an injury attorney in Lafayette? It can be difficult for the average person to determine if they have a personal injury case. Luckily, most personal injury lawyers are willing to provide free consultations to help you determine if you have a case or not. Even so, it can help to have a better idea of the process yourself.

 

Personal Injury

A personal injury is defined as anything that causes harm to or threatens the mind, emotions, or body of a person rather than their right to property. This can include a variety of different situations, such as automobile accidents, dog bites, pedestrian accidents, product liability, motorcycle accidents, medical malpractice, premises liability, work-related injury, wrongful death, or bad faith insurance claims. In the case of insurance claims, a case can be filed if the insurance company fails to provide adequate coverage, refuses to provide coverage, or fails to provide coverage for an adequate amount of time to an insured person in a situation that falls under the policy or contract.

Personal injuries in general fall under tort law. Tort laws result in civil proceedings to provide relief for individuals who have suffered harm from the wrongful acts of others. These cases are brought about by private citizens rather than by the state, and the person being charged, known as the defendant, is not subject to fine or receiving incarceration, but rather may be required to pay monetary damages to the victim or plaintiff and face injunctions. Injunctions are court orders for the defendant to begin completing certain responsibilities or to stop performing certain actions.

 

The Procedure

As the plaintiff, you have certain responsibilities in proving your case. You must prove that the defendant was legally responsible to complete certain responsibilities, that they failed to complete the responsibilities, and as a result of the defendant’s failure, you have suffered personal injury. For example, a person suing under product liability would have to follow the steps by first proving that the company they purchased the product from was legally responsible to provide adequate warnings about any adverse effects the product may have to the consumers. Next the plaintiff would be required to show that the company failed to provide any adequate warning on the packaging and the product itself to the consumer about the adverse effects. Then the plaintiff will need to prove that they experienced the adverse effects from use of the product that resulted in injury to their mind, body, or emotions. If they are successful, the plaintiff can acquire monetary compensation for damages from medical expenses, property damage, emotional distress, pain and suffering, loss of companionship, lost wages, cost and attorney fees, future wages lost in result of a wrongful death, and more. Hiring an injury attorney in Lafayette can help you prove your case successfully, and can sometimes result in an out-of-court settlement. Settling out of court will not only reduce the time of the procedure, but can help minimize stress.