What's Personal Injury Law & What's a Personal Injury Claim?
It is normal for people to wonder "what is personal injury law?" and "what is a personal injury claim?".
The definition of personal injury law is the legal domain that addresses harm caused by negligence, whereas claims arise when the victim seeks compensation for damages resulting from others' actions or negligence.
In essence, while personal injury law provides the overarching legal structure and definition, a personal injury claim offers the practical means through which individuals can pursue recompense for the tangible and intangible consequences of accidents or negligence.
Together, these elements establish a comprehensive system that strives to deliver justice and compensation to those who have faced adversity due to the actions or oversights of others.
What is personal injury in law? Our legal personal injury definition
Personal injury law is a legal domain that specifically addresses cases in which individuals suffer harm or injuries due to the negligence, recklessness, or intentional actions of others. This branch of law allows individuals who have sustained injuries to seek legal remedies and pursue compensation for the damages they have incurred.
Personal injury cases can arise from a wide range of incidents, including but not limited to car accidents, slip and falls, medical malpractice, product defects, and workplace accidents.
The fundamental principle behind personal injury law is the concept of negligence, wherein individuals or entities have a duty to exercise reasonable care to prevent harm to others. When this duty is breached, and injuries occur as a result, the injured party may have grounds to file a personal injury claim.
The legal definition of personal injury refers to harm inflicted on an individual's body, mind, or emotions due to the negligent, reckless, or intentional actions of another party.
Attorneys specializing in personal injury law represent the interests of the injured parties, working to gather evidence, negotiate with insurance companies, and, if necessary, file lawsuits to pursue just compensation. The ultimate goal of personal injury law is to provide a legal avenue for individuals to receive fair compensation for the physical, emotional, and financial consequences of the injuries they have suffered.
If you're in California and you or any one in your family has been in a accident, our firm can help. Contact us today for a free consultation.
What is considered a personal injury in law?
In the legal sphere, personal injury refers to harm to an individual's body, reputation, or emotions. It spans physical injuries from accidents, defamation impacting reputation, and emotional distress due to negligence or intentional acts. Pursuing compensation for such damages is fundamental in the framework of personal injury law.
What constitutes personal injury in terms of the types of personal injury cases and personal injury accidents include:
Bicycle accidents
Brain injuries
Car accidents
Construction accidents
Dog bites
Drunk driving accidents
Medical malpractice
Motorcycle accidents
Nursing home abuse
Pedestrian accidents
Product liability incidents
Slip and falls
Spinal cord injuries
Truck accidents
Workplace accidents
Wrongful deaths
Additional reading: what happens when you reject an insurance settlement offer?
What is a personal injury claim?
A personal injury claim is an action initiated by an individual claiming rightful compensation for damage caused by accidents, negligence, or intentional acts with the at-fault party. It serves as a means of repairing damage to a person's body, emotions, or reputation through the legal system's recourse and restitution.
To individuals wondering "what are personal injury claims?" the fundamental assumption is that if someone's wrongful actions or negligence have caused injury, that person should be responsible, and the affected party deserves fair compensation.
Wrongful injury can manifest itself in various ways, such as physical trauma, emotional distress or damage to a person's reputation, but the key element is establishing that the injury occurred due to someone else's wrongful conduct or failure to exercise reasonable care.
Important steps for a successful personal injury claim include:
Gathering evidence
Documenting damage extent
Consulting a personal injury attorney
Legal professionals play a crucial role in navigating the complexities of personal injury law, providing expertise and guidance throughout the legal process, pursuing both non-economic and economic damages and really earning their fees when an insurance company refuses to accept the claim or pay out.
Additional reading: are personal injury awards taxable
Need help with a personal injury accident claim?
Our law firm is staffed with highly experienced personal injury lawyers and is ready to advocate for individuals navigating the stress and strain of personal injury accident claims. If you or a loved one has suffered due to another person's negligence, our dedicated lawyers can help you recover both economic and non-economic damages.
From the initial consultation to filing a personal injury lawsuit, our legal experts guide victims through the complexities of this specific area of law. Time is of the essence, as there are deadlines to file a personal injury claim, and our team ensures that your case is promptly and efficiently handled.
We understand the pain and suffering that often accompanies personal injuries, and we are committed to securing the compensation you need. Contact our team today for a free case evaluation if you're in the following areas:
What is a personal injury lawsuit?
A personal injury lawsuit is a civil legal action filed with a court initiated by an injured person, typically against a negligent party, seeking compensation for damages incurred. In cases of wrongful death, where a loved one has suffered a fatal injury due to someone's negligence, the surviving family members may be able to recover damages.
Failing to file a lawsuit within the stipulated timeframe can jeopardize one's ability to seek a settlement. This timeframe is known as the "statue of limitations", with states having different periods. The California personal injury statute of limitations is two years from the injury, or one year from the injury discovery date, if not discovered immediately.
In a personal injury lawsuit, the injured person may be entitled to economic compensation for various losses, such as:
Medical bills
Lost wages
Property damage
In addition, they can purse non-economic damages, like mental anguish from the accident itself, from the stress and strain of being off work, and more.
With this in mind, it's crucial to seek legal advice from an experienced lawyer to fight on your behalf. As the injured person, it's up to you to prove that the defendant's actions were the direct cause of the injuries, and in certain cases, demonstrate intent or reckless behavior.
Additional reading: personal injury vs bodily injury
What does personal injury mean? Key takeaways
Personal injury cases can arise from various circumstances, including but not limited to:
Accidents: Injuries resulting from car accidents, slip and falls, or other unintentional incidents.
Medical Malpractice: Harm caused by a healthcare professional's negligence or failure to meet the standard of care.
Product Liability: Injuries caused by defective or unsafe products.
Intentional Acts: Harm resulting from intentional actions, such as assault or battery.
The legal process in personal injury cases typically involves establishing the negligence or fault of the responsible party, demonstrating a direct link between their actions and the injuries sustained, and quantifying the damages suffered by the injured party.
Personal injury law aims to provide a legal avenue for individuals to recover compensation for the physical, emotional, and financial consequences of the injuries they have experienced.
Our attorneys specialize in personal injury and play a crucial role in advocating for the rights of the injured party. If you need a Glendale personal injury lawyer or assistance in any other part of the Los Angeles area, get in touch with us today.