Personal Injury is a legal word for an injury or damage to the body, emotions, or mind. This word is commonly used to refer a kind of tort lawsuit claiming that the defendant’s injury was caused by the negligence of another party. Among the most common types of personal injury include holiday accidents, defective product accidents, home accidents, assault claims, tripping accidents, accidents at work, and road traffic accidents.
Personal Injury is also incorporated with dental and medical accidents that may lead to numerous claims of medical negligence. The conditions that may arise from these accidents are often classified as industrial disease cases. Among these cases include the following:
- Repetitive strain
- Contact Dermatitis
- Occupational stress
- Occupational Deafness
- Vibration white finger
- Chronic obstructive airways disease
- Chronic obstructive pulmonary disease
- Asthma
- Chronic Bronchitis
- Silicosis
- Pneumoconiosis
- Chest diseases such as Emphysema
- Mesothelioma or Asbestosis
Personal injury litigation is divided into two general classifications. The first one is the negligence case and the second one is the intentional acts or more known as torts. Causes of actions from negligence only take place when the person who causes the damage does not intend the injury but had been careless on the safety of the other person. One sample of this scenario is a motor vehicle accident whereas the driver is charged of being negligent. Other most common negligence actions include medical malpractice actions, accidents resulting from improper maintenance or design, and automobile accidents.
An intentional act or tort results from a wrongful act intend to commit by a person that resulted into an injury. In this litigation, it does matter if the injury is intended or not. It also does not matter if the suffered injury is far more critical than was intended. From a lawful perspective, it is difficult to obtain compensation from the person who committed the intentional act or tort. This is because most insurance companies do not cover such act. Among the most common intentional acts or torts include defamation of character, child abuse, battery, and assault.
Personal injury is also a common event in workplaces. An individual who got injured at work can claim against a third party such as the owner of the premises where the injury happens, unsafe machinery or manufacturer, or just another company or employee.
Lawsuits pertaining to personal injury cover a wide spectrum of accidents and injuries. It is also affected by a variety of complex state and federal laws. These laws are devised to protect a person from the deliberate harm or negligence of other people. It also provides recourse to people in the event of the injury. However, these laws may vary from state to state, thus it can be very difficult to understand most likely during a traumatic situation. Hiring a personal injury lawyer can help you determine your legal rights as well optional settlements on your case.
Civil offenses resulting from personal injury such as battery and assault are also considered as criminal acts. In this scenario, a separate criminal proceeding is required to address the criminal charges.