Learn the Basics: Personal Injury Law

 Personal injury law is one of the most basic, and also one of the most important types of law. The reason is that personal injuries are very common and can often have debilitating effects on the victim of the injury, effects that are both personal and financial. Since personal injuries are caused by the negligence of someone else, personal injury law allows the victim to pursue legal recourse against the person responsible for their injury.

 The purpose of personal injury law is to provide compensation to the victim of the incident so that they are not unfairly burdened by expenses that are not their fault. There are many types of situations where personal injury law applies and many of them will be covered in this article. If you live in the Orlando area and find that any of them applies to you, then you can contact Orlando injury lawyers Fasig and Brooks to get the help that you need.

What Are The Elements of a Personal Injury Case?

While there are many different situations in which personal injury law may apply, they all have a few things in common, and they are as follows:
  • The person who caused the personal injury owed a duty of care to the victim. A duty of care is a legal obligation requiring that a person acts in a reasonable and dutiful way, especially when committing an act that could potentially cause harm to others. That could be anything from a doctor being required to offer the best care possible to their patients, to a driver being required to follow the rules of the road, to a store owner or manager being required to keep the premises safe. A duty of care simply means looking out for everyone else.
  • A breach of the duty of care. This means that a person violated the duty of care owed to others by acting in an unreasonable or deliberately reckless manner. A breach of the duty of care is called negligence and it can be anything from someone deliberately breaking the law to someone simply not paying attention to their surroundings.
  • The breach of duty led to an incident that caused an injury to someone else. It is not enough that someone violates the duty of care, their negligence must have caused an injury. So, if someone ignores a stop sign, then they have violated a duty of care, but if that person runs into another car and hurts the driver, then it becomes a personal injury case.
  • The accident caused by negligence led to losses suffered by the victim. So if negligence led to an accident, but no one was hurt or negatively impacted in any way, then there are no grounds for a personal injury suit. But if there was an accident that led to an injury, then the losses can be both economic and non-economic. Economic losses include medical bills, repair bills, and lost wages due to missing work. Non-economic losses include pain and suffering caused by the accident, emotional trauma, the inability to participate in or enjoy certain activities, and more.

What Are Examples of Personal Injury Cases?

The term personal injury is very broad and encompasses a lot of different incidents that include the following:

Car accidents - Specifically car accidents caused by negligence that lead to an accident where someone gets injured. That covers many auto accidents, but there are many others that are not caused by negligence, so it is important to differentiate between the two.

Medical malpractice - A doctor needs to give the best care and treatment possible to their patients. If they do not and their negligence leads to an injury to their patient, then they can be held liable.

Slip and fall - These are among the most common types of personal injury cases since this is a common type of accident. The owner or person responsible for the property needs to make sure that it is safe for their visitors. So any obstacles that can cause harm to visitors should be removed or provided with adequate warning, such as a slippery floor or poor lighting. If the dangerous condition was not addressed in some way and it caused an injury to someone who was legally allowed to be on the premises, then the owner or manager can be held liable for the incident.

Product defect - If a person gets injured because a product malfunctions or is designed poorly, then the party responsible for the defect can be held accountable for the injury of the user.

Wrongful death - This is when someone’s death is caused by a personal injury, in other words, when someone dies due to the negligence of another. In these cases, the surviving close family members of the deceased file a wrongful death claim on their behalf.

Contact a Personal Injury Attorney if You Have Been a Victim of Negligence

As you can see, personal injury law is easy to understand because it is fairly simple. However, it is also very important because it empowers victims of negligence so that they do not have to suffer financially as a result of their injury. That is what makes personal injury law so special, it is all about the victim; whereas criminal cases are mainly about punishing the perpetrator of the crime, personal injury cases are all about taking care of the victim. So if you have experienced an injury due to someone else’s negligence, do not hesitate to contact a personal injury lawyer to get the help that you need.
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