Personal injury is a generic term for any kind of injury to mind, body or emotions, rather than an actual physical injury to property. In Anglo-American countries, the word is most often used to describe a kind of tort suit in which the plaintiff usually has been injured by another person or company and the one bringing the lawsuit has also suffered some sort of damage to his or her own body or mind. In many states, there are laws governing personal injury claims, although these may vary from state to state. In some cases, personal injury law is dealt with by the general laws of personal injury while in other cases, the matter is addressed under either tort law or civil law.
In civil law, personal injury law is regulated by the personal injury law. This body of law generally deals with non-physical injury that has resulted due to the negligence, recklessness or intentional misconduct of another person or company. These injuries can be caused by cars, trucks, machines, defective products and other similar things. Common causes of personal injury include car and motorcycle accidents, defamation of character, medical malpractice, wrongful death, assault and battery, false arrest and assault and battery. Other causes of personal injury may include defective products, unsafe conditions in the workplace, product liability, assault and battery, negligence, wrongful dissemination of information, dog bites and many other situations.
Personal injury lawsuits have their roots from the normal practice of negligence claims, which were primarily used to represent wrongdoers in court. The personal injury law was introduced in 1960 to address the need for compensation following an accident. The main function of personal injury lawsuits then was to provide compensation for physical and psychological damages. There are two main elements of the personal injury law. The first is the cause of the accident, and the second is to establish the damages that resulted from the incident.
In cases where no-fault accidents occur, the victims are usually allowed to pursue a case against the driver of the other vehicle involved in the accident. The laws governing no-fault personal injury lawsuits are very specific as they have to do with proving negligence on the part of the other party. Fault cases are very complex and time-consuming. In most states, it is also very important to prove that the victim suffered injuries as a result of the drivers’ negligence.
There are some personal injury laws that allow the victims of accidents to claim financial compensation even if the accident has occurred because of the fault of another person or company. In these cases, a personal injury attorney may be appointed to defend the victim. It is always advisable for victims to get the services of an experienced personal injury attorney who is knowledgeable about the various personal injury laws that exist in their state. An experienced personal injury attorney will help the victim to file the appropriate claims for personal injuries sustained as a result of the accident.
Many persons do not realize that they do not need to possess PIP insurance to file claims for injuries sustained as a result of an accident. PIP insurance is usually considered an optional coverage and is only needed when the victim is hospitalized. PIP insurances are meant to reimburse the cost of medical expenses and monetary damages incurred as a result of personal injury settlements. The injured victim need not incur any financial cost if he does not possess PIP insurance.
Persons who are victims of motor vehicle related accidents may have a claim for financial compensation even if they are not at fault. In these cases, it is important for the victim and his legal representative to find out whether the other party was responsible for the collision. PIP is not mandatory in such cases. However, if one is entitled to claim for monetary damages due to breach of duty, then PIP could be a suitable policy to meet the claim. It is however important to state that persons who are found to be at fault for the collision do not require to carry any form of personal injury law or liability insurance.
Personal damages also include punitive damages that can be levied against the offender in cases of serious personal injuries. Punitive damages refer to damage that is meant to discourage the same behavior from occurring again. The injured party may also seek to recover damages for emotional distress including pain and suffering and other related expenses. Emotional distress can further increase the victim’s financial losses. leviLawNy for this type of damages are also able to include medical and funeral expenses.