The better you can explain your pain and sufferings to the lawyer, the easier it will be to translate it into the most deserving compensation.
Wrongful conduct underlies the spirit of personal injury laws and is the common thread that binds all kinds of accidents and incidents that cause personal injury and harm. Whether the injuries are due to road accidents, slip, fall, medical malpractice, or assault, wrongful conduct is the cause of injuries and damages. Personal injury lawsuits are civil lawsuits that are different from criminal lawsuits because the government does not have any role in them.
In criminal lawsuits, the government prosecutes the defendant, but for personal injury lawsuits, the plaintiff files a lawsuit to claim compensation for the injuries and harm. Also known as ‘tort’ laws, personal injury laws establish the right of the victims to seek legal remedy in the form of financial compensation.
The foundation of personal injury laws
The doctrine of negligence provides the foundation for the personal injury laws. The laws thrive on the premise that every member of society should act responsibly and avoid situations that can put others at risk. Only when everyone acts responsibly that they can avoid being negligent, leading to situations that harm others. However, it does not mean that negligence is the sole cause of someone getting hurt. A careful analysis of the situation and circumstances that led to the incident should help to establish negligence. Based on the ground realities, the doctrine recognizes that despite the best efforts, some accidents are unavoidable. The onus is on the plaintiff to establish liability by showing that had a reasonably prudent person been in the defendant’s place. Then they would have acted differently in the given circumstances.
The basics of personal injury laws
Personal injury laws apply to various situations that broadly come under the category of accidents, intentional acts, defective products, and defamation. You need to know about the different aspects as it will aid you in selecting a suitable lawyer should you require one. Some of the situations are
Accidents – The most basic application of personal injury laws is when a person or a group or persons act in a negligent manner showing carelessness and cause harm to some other person. Car accidents are the most common personal injury cases, and if you suffer injuries in a car accident, you have the right to claim compensation for injuries and damages. As soon as you recover from the initial shock of the accident, start looking for a reliable and experienced personal injury lawyer who can handle your case confidently. It should not be hard to find the lawyer of your choice by browsing the internet to have a look at 5 star rated reviews car accident attorneys in Houston.
The location of the personal injury attorney is vital for ease of access and interaction and their familiarity with the state laws. Hire a lawyer who is conversant with the state laws.
Included in the same category are medical malpractice and slip and fall cases.
Intentional acts – Besides the negligent actions in certain circumstances that injure and harm other people, some other causes are included in the personal injury laws. Many of these come under the bracket of intentional torts. Among various intentional torts are false imprisonments, battery, assault, theft, trespass, and inflicting emotional distress. In such situations, the defendant intended to harm the plaintiff and acted with a purpose.
At the other end of the spectrum are other tort scenarios in which the defendants remain liable despite trying their best and doing everything possible to avoid causing harm. Generally referred to as strict liability, the law holds the defendant responsible when they engage in some dangerous acts that hurt someone in the process. Despite the action being legal and the defendant taking all precautions, it does not relieve the defendant of the liability. The most common example under this category is the transportation of hazardous materials and activities related to building demolition.
Defective products – Product liability lawsuits arise from the harm caused to users or those affected by the malfunctioning of any consumer product, component pharmaceutical, medical device, or other defective product that is unreasonably dangerous. The product’s manufacturer is liable for the injuries and damages caused by the product either due to some manufacturing defect or some misleading information about using the product. If any wrong instructions in the operating manual misguide users and cause damage, the manufacturer is also responsible.
Exercise your right as a victim of injuries and damages
Injuries from accidents or other incidents can have life altering effects on the victims. If the injuries are severe, they can cause so much damage that the victim cannot lead a regular life after recovering from the injuries. The cost of road accidents is too much to make good with some financial compensation, but that is the best legal remedy available. Soon after an accident in which you suffer injuries, exercise your legal right to claim compensation for injuries and damages under the guidance of a personal injury lawyer.
While there is enough scope to make up the financial losses arising from hefty medical bills and loss of wages until recovery or beyond, there is even ample scope to assign some monetary value to the pain and suffering undergone by the victim. The personal injury lawyer uses various techniques to evaluate the intangible damages and fix a value for it that becomes a part of the total claim.
Medical costs
Medical treatment continues until the time of full recovery or the maximum recovery achievable. The claim includes the entire cost of medical treatment from the time of visiting the emergency room through hospitalization, follow-up visits to the doctor, and undergoing rehabilitation programs and other therapeutic procedures. It also includes the cost of traveling to and from the hospital and medications for the treatment. In prolonged rehabilitation that might be necessary after recovery, such costs are included as future medical expenses. It consists of the cost of consulting specialists at different times of the treatment and the travel cost for meeting specific doctors.
Emotional distress and pain
When undergoing medical treatment, the victim undergoes tremendous mental agony and distress that can often be debilitating. The shock and trauma of a car or motorcycle accident can leave a deep scar in the mind as the memories keep resurfacing and haunt the victims who suffer from tremendous emotional distress. Although the effects might not be perceivable, it damages the frame of mind and creates impediments that often delay the response to the medical treatment. Anxiety, depression, and Post Traumatic Stress Disorder (PTSD) cause sleepless nights and nightmares as the victim becomes mentally weak and loses hope of returning to their regular life. Added to this is the physical pain that victims have to bear with, which continues for quite some time and makes it difficult to carry out normal activities like drinking a glass of water.
Loss of enjoyment
Injuries from accidents can confine the victim to the bed for a long time that affects the quality of life as it limits the scope of activities and leaves no room for enjoying life like before. You will not be able to do the things that you most like and derive maximum enjoyment. Athletes can find it extremely hard to stay away from the sports field that provides the ultimate pleasure, only aggravating their mental stress. You will not be able to pursue your hobby like gardening, and the thought of missing the hue and view of the garden weighs heavily on you. You cannot even walk on the corridor of your home or hospital.
Such loss of enjoyment can be a component of your claim that the personal injury lawyer can advise and even translate into some figures.
Independence
Prolonged medical treatment involving some caregivers can be a frustrating experience, like losing independence seems too painful. While undergoing medical treatment for the injuries, your activities are not only limited but dependent on others. Unless someone supports you with your movements, you will not be able to move around. The situation might be so bad that you could need help going to the toilet, which might seem quite humiliating. The cumulative mental stress resulting from the inability to move around freely on your own can only leave you depressed and distressed.
Disfigurement and scarring
Vehicle accidents often cause disfigurement and scarring, which not only leaves a lifelong mark of injury but might even affect your looks and personality. It can lower your self-esteem as you desperately try to come to terms with reality. Permanent scarring is distressing as it depletes your confidence, and you can rightly seek compensation to make good for some of the loss.
The better you can explain your pain and sufferings to the lawyer, the easier it will be to translate it into the most deserving compensation.
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