Find Legal Topics > Injury Laws > An Overview of Injury Law

An Overview of Injury Law

An Overview of Injury Law Injury Law

The definition of personal injury accepted for the filing of civil suits is geared toward the less stringent requirements imposed when a jail term is not the final desired result, but rather the finding of financial damages. The negligence of an individual in providing for the safety of others, as is likely to be the target and main subject of a personal injury lawsuit, can be proven through the presence of three factors. Advocates for the right to gain restitution for the suffering of personal injury have recommended that people who are affected in this way make a comprehensive report of what befall them as soon as possible.

A person who does suffer bodily harm could cite the mental trauma suffered as an additional complaint in a personal injury suit. As to personal injury cases dealing with the plaintiff's workplace, employers could be found liable if it is found that they created a hostile work environment which caused the employee to develop an anxiety disorder.

Personal injury suits are most often associated with actual physical harm, which often can be most readily demonstrated in court and justified as a cause for legal action against the defendant. The tort of personal injury, as it was heard in American courts, initially required the presence of either the threat or reality of physical harm to the plaintiff, a grounds for legal proceedings referred to as the "zone of danger".

Injury Law Cases

As there are many ways to get injured, there are several major types of injury law cases. If there is a dispute over a serious injury, the stakes are high. Serious injury cases are high stakes because economic disadvantages and medical bills are high from serious injuries.

When the stakes are high, the chances are that the civil defense attorney is very skilled. Most states define serious injuries as those that cause loss of function of a part or parts of a body for a significant amount of time. Auto accident injury lawsuits are also common. There are over 6 million car accidents a year. A large portion of these accidents result in injuries. It's an unfortunate fact that many car accidents are preventable since many drivers ignore driving laws and drive too fast.

Drivers are often overconfident in their ability to drive and are distracted from this important task. Drivers who act negligently and injure the car accident victim may be liable to cover the damages. Car insurance companies are most often involved in the lawsuit. When a person injures somebody while driving under the influence, insurance companies are unlikely to stand up for that customer. Persons who are guilty of DUI can only seek the help of an attorney to avoid having to pay damages to accident victims.

Accidents are also caused, but to a lesser extent, by manufacturing defects and consumer fraud. Medical malpractice is the most common personal injury case involving members of a certain profession. Personal injury suits can occur at the workplace, they do not always involve traveling or consumer relations. An example of a employer related personal injury lawsuit are the railway and metro injury cases. In these cases, whistle-blowers must be protected to ensure that the truth be revealed. 

Related Topics