Personal Injury Laws Cover Many Different Situations That Lead to Injury

Kishan Kundu
Created by Kishan Kundu
On Jul 24, 2019
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Personal Injury Laws Cover Many Different Situations That Lead to Injury

When you are inured, physically or mentally, due to the negligence or intentional act of somebody else, you can use personal injury laws to claim compensation for the harm caused. There are a number of different situations that can give rise to such injuries which others are liable for.

Broadly speaking, litigation that arises from a personal injury can be either of two classes, one is that caused by negligence, and the other is that caused intentionally. There are many other areas into which a personal injury claim can be raised and these may be either of these two classes or at times may involve litigation that cites both these classes, negligence and intent.

Most personal injury cases are as a result of car accidents. Accidents happen because somebody is negligent of the rules of the road, negligent of maintaining a properly functioning car, or in rare cases where these are deliberately caused, like in cases of road rage. Careless drivers are held financially responsible for injuries caused to others and will have to pay the injured person any compensation agreed to between the two parties. Such cases need to be properly documented and can require police reports for validating claims. In most personal injury cases in accidents, it is the insurers who will contest the claim, and proper documentation that proves the fault of the opposite party can lead to offers made out of court to settle the claims.

Another area of personal injury that is covered in the laws on this subject, and which are increasingly being made, are for medical negligence. Here the person making the personal injury claim has to prove that a medical professional has failed to provide competent and reasonably skilled care leading to injuries, further ill health, or even death. As a result of the widening cases of personal injury cases, most medical practitioners do take out medical malpractice policies, that allows them to fight these cases or get compensated for any damages they may have to pay to aggrieved patients. These cases are very complex and not easy to prove and requires lawyers experienced in medical terms and the help of other equally well-qualified doctors to prove or disprove claims.  

Slip and fall cases are other areas of personal injury claims that are very common. Property owners have a responsibility to keep their premises free of hazards and safe for the use of their tenants, or other visitors. If their negligence in not maintaining the property in good condition leads to anyone slipping and falling and getting injured, the injured person has a right to claim compensation for the injury caused. 

Dog bites are another area where personal injury claims can be raised against the owner of a dog where a dog not on the leash or under control bites another person. Dog owners are held responsible for the conduct of the dog, and the owners can also be held additionally responsible and the injury considered intentional if the dog has had a previous history of biting.

When we talk of areas of personal injury laws that fall under intentionally caused injuries, this can include assault and battery and will almost always have a criminal case also registered against the person causing the injury. This same criminal case also renders the person liable to pay compensation to the injured person in a separate personal injury lawsuit filed in a civil court.

Intentional personal injury cases can also arise from libel and slander where a person suffers an injury to reputation. The person making the claim has to prove that the statement attributed to the person being sued has actually caused harm to reputation and is a statement that is untrue. In some cases, it is also needed to prove, that the statement causing the injury has been intentionally made out of malice and with an intention to cause some injury or hurt to reputation or even business. 

It is always suggested that personal injury claims are taken up through experienced and qualified lawyers who will know the exact degree of proof that is needed to be presented for winning any such claims in court or other adjudication. The laws in most states also require such cases to be filed before they are time-barred.

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