Personal Injury Law
Accidents happen. Most can be prevented. Our legal
system is designed to help those harmed by the negligence,
malpractice, recklessness or inaction of others.
Personal injury law, also known as “tort law,” covers
a wide range of legal claims, from wrongful death,
automobile accidents, and medical malpractice to
defective drugs, product liability, and workers'
compensation. Victims can file a personal injury
claim for physical or emotional injury, and, occasionally,
for property damages. In some cases, such as wrongful
death or medical malpractice, the family of the injured
or deceased can file suit on behalf of their loved
one.
Personal injury claimants may be eligible to receive
financial compensation for their loss of income,
pain and suffering, emotional distress, permanent
disability, and other resulting injuries. If you
are interested in pursuing a personal injury case,
you are encouraged to contact us for
legal advice.
Establishing
Your Claim
If you can demonstrate that 1) the persons charged
are legally responsible for your personal injury
and 2) that the compensation you require is appropriate
for the extent of your injury or loss, you may have
a personal injury case. Every personal injury case
must address these two essential areas: liability
and damages. These elements, depending on your state,
may be established on one of three bases: negligence,
strict liability, and intentional wrong. If
you feel you have a personal injury case, contact
us for an in-depth consultation and explanation of
these concepts.
Negligence
Filing your personal injury case as a tort of negligence,
you are accusing the defendant of causing your injury
by failing to prevent it. For example, if a shopping
mall owner fails to label a wet floor and you fall
and injure your back as a result, the owner may be
deemed negligent for failure to follow proper safety
procedures.
Do You Have a Case?
Here are some examples of possible prosecutable
personal injury claims:
- Slip and fall injury – the owner of the
property where an injury occurs can be held liable
- also known as premises liability.
- Nursing home abuse and neglect – a nursing
home can be held liable when a resident suffers
physical abuse, mental abuse, or abandonment.
- Car accident – motorists involved in auto
accidents, as well as truck and motorcycle accidents,
can be held liable for personal injuries to those
involved in the collision.
- Defective product injury – companies can
be held liable for marketing defective products
(including medical devices) which cause serious
personal injury.
- Exposure to toxic material – companies
can be held liable for using toxic materials in
the workplace or for allowing them to leach into
the environment through groundwater contamination
and other methods.
- Medical malpractice – hospitals and doctors
can be held liable for negligence and malpractice.
- Wrongful death – any individual can be
held liable whose negligence leads to the death
of another, and the deceased’s family often
has grounds for a wrongful death claim.
- Drug injury – companies can be held liable
for marketing defective drugs with serious side
effects, especially those which are part of a drug
recall.
- Job injury – companies and individuals
can be held liable for construction accidents,
industrial accidents, and other on-the-job hazards
causing personal injuries.
- Dog bites – owners of dogs can be held liable
for injuries their pets cause.
NOTE: Personal injury is a broad, evolving area
of law. If you do not see your particular claim here,
please contact us if you feel you may have a personal
injury case.
|