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!

Depositions in a Car Accident Lawsuit

When a lawsuit has been filed following a car accident, a legal process called “discovery” would play a key role in obtaining information that could be important in helping both parties in the case. Deposition is one type of the discovery process, and this involved an out-of-court testimony which is still given under oath that can be used later in the trial. The person who is giving the sworn testimony for a deposition is called the deponent.

Deposition testimony can be used to impeach a witness or lower their credibility if the deposition testimony differs significantly. Those who are present in a deposition are the person being deposed, the two parties involved in the lawsuit and their respective lawyers, and a person who have qualifications to administer the oaths (usually a court reporter) who will also be tasked with recording all the testimonies during the deposition. After the deposition, a transcript of the deposition is done and will be available upon request, which will come with a certain cost, along with the cost for the court reporter’s time. Not directly involved in the deposition are the judge and the court personnel.

It is common for the defense party to ask you for a deposition, and although state rules regarding civil laws differ it is generally accepted and required that both parties involved in the lawsuit engage in a deposition, especially when the other party requests for it. This will be done in an pre-arranged time that is convenient to you and your lawyer can help in preparing your for the process, although their representation is not needed.

In order not to have your deposition held against you, you should listen to the questions carefully and properly and provide clear and honest answers. Some questions may seem irrelevant and intrusive, it is important to stay polite and patient. Being uncooperative may make the defense party contact the judge, which could cause a negative opinion and damage your case.

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.

Jobs Often Associated With Workers Developing Mesothelioma

Unfortunately, mesothelioma, a dangerous form of cancer, has been seen in a number of patients seeking medical care. The signs of mesothelioma often don’t appear until decades after the initial process has begun, so this serious condition may threaten someone’s life before he or she even knows that something has gone wrong. Sadly, this is the plight of far too many people who have worked in occupations that involved contact with asbestos. While asbestos was banned in the United States in 1980, it was still found in many different substances after that time, and if a person came into contact with broken asbestos fibers, he or she could be at a risk for developing mesothelioma.

Asbestos is not actually dangerous in its complete form, but when its fibers are broken and released, they can easily be inhaled, which could cause them to attach themselves to a person’s lungs. Over time, the fibers irritate the lungs, and the body naturally creates tumors to fight off the irritation. It is these tumors that often eventually become mesothelioma tumors. While anyone could be at risk for mesothelioma if he or she came into contact with asbestos, some workers who are employed in certain fields are more at risk of developing this disease.

At-Risk Occupations

Several occupations utilize asbestos extremely regularly because it is a very strong and fire-resistant substance. Some of the at-risk occupations for the development of mesothelioma include:

Metal workers
Construction / demolition

These occupations tend to place workers more at risk for developing mesothelioma. This condition is extremely serious and can create huge financial debt, but many people have legal options for obtaining compensation.

If you or someone you know has developed mesothelioma and would like to explore legal options, contact a mesothelioma lawyer today to discuss your position and to decide what the next best step is for you and your family.


Concussions are classified as traumatic brain injuries that frequently occur when the head is subjected to some kind of blunt force trauma, resulting in a temporary loss in brain functionality. While treating concussions is relatively straightforward and simple, the injuries are particularly dangerous because they may go completely untreated. It is not uncommon for concussions to present nonspecific symptoms that the injured individual may not recognize as stemming from a traumatic brain injury, which could lead to lasting damage to the brain if left untreated. Many concussions do not result in a loss of consciousness and may only leave the injured person with a headache. Visiting medical professionals after any head injuries is most likely the best way to avoid suffering permanent damage.

Symptoms and Treatment

Concussions are certainly more frequent in environments with a higher potential for blunt force injuries, such as certain sports and construction sites. However, many unexpected accidents could cause a concussion and manifest with symptoms such as:

  • Headaches
  • Disorientation
  • Nausea
  • Convulsions

If you have been diagnosed with a concussion, you will likely be told to rest physically and mentally. concussion treatments often include

  • Cognitive and physical rest
  • Light physical activity
  • More strenuous activity

Giving your body and brain time to recover from the injury is very important for your overall health. When such injuries are caused by another party, legal action may be necessary in order to protect your rights.

Legal Options

If you have suffered a concussion because of another persons reckless actions, you may be able to hold them accountable for any losses you suffered, such as lost wages. Concussions are serious injuries that have the potential to permanently affect a persons life in an adverse manner.

Car Accidents Caused By A Lack Of Guardrails

Many serious injuries from particularly destructive car accidents may be avoided through the proper installation of guardrails along the side of a road. Guardrails may be instrumental in preventing a car from leaving a road, which can prevent even more devastating and serious injuries from occurring in an accident. Unfortunately, these rails may not be maintained or placed where they’re most needed. If a person is injured as a result of this lack of adequate protective railing, the government agency responsible for installing these safety features could possibly be sued for financial compensation.

Why Guardrails Are Necessary

On high speed highways, guardrails can keep collisions controlled and can keep out-of-control vehicles from sustaining excessive damage. However, these protective barriers may not be constructed due to their material and labor costs.

These barriers are extremely important on many highways due to the potential risk of a vehicle running into the opposite lanes of traffic. Due to the high speeds at which cars travel on these roads typically, a car running into oncoming traffic can have devastating or fatal repercussions. Guardrails can prevent such a tragic accident from occurring.

In addition to avoiding collisions from other lanes of traffic, guardrails should be installed whenever there’s a threat of falling off the side of the road. On elevated areas, such as hills and coastlines, it’s important for guardrails to provide a strong barrier to keep vehicles from running off the edge of an elevated roadway.

Where to Turn for Legal Advice after an Injury

If you’ve sustained an injury that otherwise could have been prevented through the presence of a guardrail, the government agency responsible for installing these safety features may be liable for the cost of your accident and related expenses. To learn more about your full range of options after an injury, contact a Waukesha car accident lawyer today.