Personal injury law is also called tort law. It relates to civil law, making it separate from criminal law. Civil law cases are typically between two individuals, two companies, or a company and an individual.
A plaintiff claims damages from a defendant. When such cases go to trial, a judge and jury determine if the claim is valid and finalize the financial damages, which the defendant is ordered to pay. Here are some examples of personal injuries you could sue an individual or company for.
Most personal injury claims in America stem from car accidents. While freak accidents beyond anyone’s control may happen, most occur because one party is not obeying the traffic rules. This could include speeding, ignoring traffic lights, or driving under the influence of alcohol or drugs.
As all drivers are required to have insurance, the injured party may claim from their policy for any injuries arising from an accident, according to a Kansas City personal injury lawyer from the Devkota Law Firm. Insurance companies are usually reluctant to pay claims, and the plaintiff should have a watertight case that includes documentation of their injuries and any ensuing expenses.
Everyone knows that things go wrong during medical treatments, and doctors cannot guarantee the outcome of any procedure. However, where a patient or their family can prove that a medical practitioner engaged in negligent behavior, whether intentionally or not, they have a valid personal injury claim. For example, if a doctor can see from a patient’s chart that they are allergic to penicillin and prescribes it anyway, a patient could prove medical malpractice.
A personal injury claim arising from medical malpractice should also be well-documented by the plaintiff and their personal injury lawyers. A medical malpractice insurer usually represents doctors. Plaintiffs must prove that the injury, illness, or death caused by the doctor’s actions are a direct consequence of it.
You or your child may be confronted by a vicious dog on the street that attacks and injures you. In that case, a personal injury claim has a good chance of succeeding as dog owners are required to take reasonable actions to ensure that their pets remain on their property.
Many dog owners put up a sign indicating that anyone coming onto the property should know that there are dogs there. They assume that a sign acts as a waiver from claims for personal injuries sustained during a dog attack. This is not necessarily the case, especially when the owner knew there was a reasonable chance of their dog biting someone and did nothing to prevent it.
Slip and fall
Building owners are a lot more careful than previously due to a spate of slip and fall injury claims. They put up warning signs and notices stating that they take no responsibility for injuries sustained during your presence on their premises.
However, if a building owner acts with gross negligence, such as leaving a manhole uncovered without cordoning it off, a claim is possible. Owners must take all reasonable precautions to prevent injuries to visitors and staff.
Assault and battery
While assault and battery are criminal matters, they can also have personal injury law implications. If you are the victim of an assault, you can institute a personal injury claim against the perpetrator for damages, including your medical bills and lost wages.
However, because you are suing an individual and not an insurance company, your chances of receiving payment are reduced. Many defendants cannot afford to pay any amount a court orders, although steps will be taken to ensure that they pay their debt, possibly in installments.