Wait a Second: What is Personal Injury?

Personal injuries. We see and hear about them all the time on the TV, radio, and while we are browsing the web. When I hear the word “personal,” I think that it may have something to do with the individual. When I hear “injury,” I think that the term involves physical harm.

But what help was that? Everyone knows that a personal injury case involves some type of individualized harm. We hear about car accidents and slip and fall injuries that fall under the umbrella of “personal injuries.” At this point, I couldn’t help myself. I had to do a little research to uncover the true meaning of “personal injury.”

I came across a comprehensive article authored by Evans Moore, LLC. The article explained that four key things are part of every personal injury case:

  1. A negligent party has some duty.
  2. The negligent party breaches that duty.
  3. The negligent party causes harm.
  4. The harmed individual suffers damages.

These four components seemed somewhat daunting at first to understand. They looked a bit complex, so to further understand them, I applied them to the personal injury cases I was very familiar with, car accidents.

In my application to the car accident case, I broke down the same four components as follows:

  1. A driver has a duty to drive correctly on the road.
  2. The driver failed to drive correctly on the road (e.g., no turn signal, sudden lane change, etc.)
  3. The driver crashed into another vehicle.
  4. The driver in the other vehicle was harmed in the accident.

With this application, I felt that I had a better grasp on the concept of “personal injury.” However, I still was not entirely satisfied.

To further my knowledge and understanding, I referred to the same article to see what other types of personal injury cases existed. I wanted to see what constituted a personal injury case beyond the ordinary automobile accident or slip and fall incident. I was astounded by the information contained in the article! The article provided a long list of personal injury cases. Among the list were the following: wrongful death, worker’s compensation, product liability, premise liability, sexual misconduct, nursing home injury, medical malpractice, insurance bad faith, hospital misconduct, civil rights, and shop liability.

I could not believe how many personal injury cases I had failed to recognize initially! Of course, these listed personal injury cases fit neatly into the four essential components that the article had also provided. At the end of the day, after all of my research, I learned that the common term “personal injury” is an inclusive term that covers more than one might think. We have all heard of a personal injury case but sometimes it takes a little bit of reflection to understand what the term encompasses. I’m happy to say I now have a thorough understanding of the various types of personal injury cases!

Common Construction Injury Risks

Construction sites are often extremely dangerous places to work as there are a number of large machines and unfinished buildings or infrastructure on the site. This often puts construction workers in danger, but this is a known risk that they are aware of prior to taking the job. However, even those who are not involved in the operation of construction sites may still face serious risks to their health and safety as a result of these locations. Visitors and passersby at construction sites are all too frequently put in danger of serious personal injury because of lax safety standards on the part of managers or owners of these sites. Fortunately, those who suffer a construction injury may be entitled to seek compensation for their losses and suffering.

If you or someone you know has been injured in a construction accident, you shouldn’t have to pay for the consequences on your own. That’s why civil law throughout the United States ensures that those whose injuries occurred as a result of another person’s reckless or negligent actions are entitled to take legal action for their damages.

Types of Construction Injury

There are several different ways in which an individual may suffer an injury in a construction accident. These include the following:

* Equipment malfunction
* Falling tools and materials
* Exposure to toxic substances
* Electrocution

These and other construction injury risks can have devastating consequences for their victims. No one should have to pay for these types of consequences if their injury was caused by someone else. If you’ve been injured in a construction accident, contact a personal injury lawyer to discuss your case and learn more about what you can do to get the justice you deserve.

Explosion Accident Legal Terms

Explosion accidents are unexpected and shocking experiences which frequently leave those involved with severe, sometimes long term injuries. Not only do those involved and their families suffer from the physical and emotional toll of the accident, but they are often faced with overwhelming medical costs. Because of the significant emotional, financial, and physical toll, many people choose to take legal action against those who are responsible for the accident. Through legal action against negligent corporations or property owners, explosion accident victims are able to seek the financial compensation they need, and the justice they deserve.

Important Accident Lawsuit Terms

If you are considering taking legal action, it is important to understand a few key terms in order to learn more about personal injury lawsuits. Important terms include:

#1: Negligence

In personal injury law, negligence means any act (or lack of action) which causes injury or harm to someone else. When it comes to deciding whether or not the person is liable for those injuries, there must have existed a duty of care, which means that the person who caused the injury had a responsibility to avoid harming others (i.e. drivers have a responsibility to drive safely in order to protect themselves and others).

#2: Tort Law

Tort law is the area of the law under which explosion accidents fall. It is commonly referred to as personal injury law. Other tort law cases include product liability, medical malpractice, and car accidents.

#3: Damages

The term damages is used to describe the areas of the victim’s life that were harmed. This includes emotional and physical suffering, financial burdens, and other losses suffered by the victim. The types and amount of damages are used to determine the level of compensation owed to the victim.

#4: Compensation

In legal terms, compensation is the financial amount awarded to the victim of the accident by the defendant. Compensation is often obtained from the insurance company of the person who caused the accident rather than the actual person who caused the accident.

According to the website of the explosion lawsuit attorneys of Habush Habush & Rottier S.C. ®, many people who are injured in explosions are completely innocent of any wrongdoing. Entities that allow dangerous situations that cause explosions can be held accountable for the injuries sustained by the victims of their negligence.

Product Defects

Most of the products that we buy and use are heavily tested and determined to be safe for use in the general public. In some instances, however, a product, whether through lack of appropriate scrutiny before its release or simply as a result of an error in the production process, can pose significant risks to the health and safety of all those who use it. Known as product defects, these problems can have a substantial impact on an individuals life.

Defective products come in all shapes and sizes. However, no matter whether it is a dangerous pharmaceutical products to vehicles whose safety equipment has been poorly designed, defective products pose substantial problems for those who use them. In many cases, they can result in serious injuries or illnesses, potentially requiring costly medical care and leaving the individual unable to support themselves financially. In these situations, compensation for the damages caused by the defective product may be available.

Types of Product Defects
Product defects can be classed into three basic categories, although the range of different defects which may occur is extremely wide. The following is a basic explanation of the different types of product defects:

* Design defects these occur when the underlying design of a product is inherently dangerous
* Manufacturing defects these occur when the production of a product renders it dangerous
* Marketing defects these occur when the advertising or labeling of a product fails to warn consumers of known dangers associated with the product

Any of these types of product defects have the potential to result in serious injuries for those who use defective products. Fortunately, defective product injury victims may be entitled to seek compensation for their damages. Contact a personal injury attorney to speak with a qualified legal professional about how you can get the justice you may deserve.

The Groundwork For Every Personal Injury Case

Before a plaintiff can begin pursuing financial compensation by filing a personal injury claim, he or she must first demonstrate a few facts about his or her case. Suffering an injury because of someone elses negligent actions can be devastating to your life and may leave you with physical, emotional, and financial damages. You need financial compensation to help pay for medical bills, lost wages, pain and suffering, and other damages; however, before you can take action, you must first prove the elements of a tort exist.

You shouldn’t let these reckless individuals get away with these actions. By filing a personal injury claim, you can hold the responsible party liable for your injuries and damages. By filing a civil lawsuit, you can take the first step toward recovering compensation so you aren’t stuck paying for damages out of your own pocket.

Before You Have a Case

Every case is unique based on the severity of the injuries and how they were sustained. However, there are some elements that have to present in every personal injury claim. These elements include the following:

  • The defendant owed the plaintiff a duty of care. This means the person being sued had to have some level of duty expected for them before the plaintiff can take legal action.
  • The defendant not only had a duty of care, but acted in a way to breach that duty. In a product liability case, a company has the duty of producing safe products and if they produce a product that causes harm, they are then breaching that duty.
  • The plaintiff suffered an injury. This can vary in type and severity.
  • The plaintiffs injury can be directly related to the defendants actions or failure to act. If your child chokes on small parts of a toy and the toy company did not provide a warning, you have a case.

For more information about the elements of a tort and how you can recover financial compensation in your case, contact a personal injury attorney today.

Recognizing Forms Of Trucking Company Negligence

Accidents involving large trucks, also known as 18-wheeler trucks, occur every day, and many people are inclined to blame the truck driver for these accidents. While some truck accidents do, indeed, occur because of truck driver negligence or recklessness, many accidents might actually be the result of a trucking company’s negligence. Like any employer, a trucking company manager has the responsibility to his or her employees to not be negligent in his or her duties.

While a person’s initial reaction might be to blame a truck driver for causing an accident, the blame might actually lie with the driver’s company. Depending on the accident, certain actions that a trucking company took or failed to take might be the actual cause of the accident, putting the trucking company at fault.

Forms to Recognize

There are several ways that a trucking company might be found negligent for causing an accident. These forms of negligence might include certain actions as the following:

1. Hiring unqualified employees
2. Violating hours of service regulations
3. Failing to maintain and keep safe vehicles operated by drivers
4. Failing to properly train employees

Each one of these acts could cause a trucking company to be found to blame for an accident, as they are blatant acts of negligence. Because these negligent acts put other drivers, in addition to the driver of the truck, in danger, personal injury law allows victims of such accidents to seek legal action against the trucking company and possibly obtain financial compensation from them. These laws help injured parties financially recover from the injuries they’ve sustained.

If you or someone that you love has been involved in an accident with a truck driver, you may actually be entitled to financial compensation to help you cover any costs of medical treatment or other expenses that you incur. You may be able to get in touch with a qualified personal injury lawyer to discuss your case.