Personal injury is a legal term. It encompasses an injury to the emotions, mind, and most commonly, the body. This does not include an injury to property. Personal injury law is the legal defense and remediation that, as a result of wrongful conduct, civil lawsuits may be brought on. In these cases, a private plaintiff is usually seeking monetary compensation for the harm caused by a defendant’s actions or negligence. In fact, most personal injury cases are a result of negligence.
The concept of negligence would require every person in society to act responsibly, by not putting one another at risk. It must also be said, that every accident isn’t necessarily the result of negligence. Negligence, in a legal capacity, recognizes that not all accidents can be avoided. To establish liability, the plaintiff must show that a reasonably prudent person in the defendant’s position would have acted differently under the circumstances. Establishing liability would require that the plaintiff demonstrates how the defendant should have acted more cautiously in regards to the well being of others, that is, how someone in the defendants’ position could have exercised more consideration of others.
There are quite a few examples of negligence. Some examples include a pet biting someone as it was intentionally allowed to roam free, a careless nurse overdosing a patient or providing the wrong medication resulting in medical complications, or a reckless driver ignoring the speed limit, resulting in the loss of vehicular control and hitting another car. In each situation, the responsible party was ignoring how their behavior risked the well being of others, resulting in injury.
In a personal injury case, the defendant may have to pay the plaintiff for the resulting injuries, if negligence has been established by the defendant’s actions. While some types of damages, such as property damage, are easily calculable, certain damages, such as emotional distress, would require expert testimony for calculation. Punitive damages, also known as exemplary damages, are damages assessed in order to punish the defendant for outrageous conduct.
Navigating a personal injury case can be very complex. In order to be compensated, you may require legal expertise and guidance. If you have recently been a victim of personal injury, please reach out to us at Maes Law so we can assess your situation and help you.
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