Understanding the Law: What is Personal Injury?

by | Dec 11, 2012 | Law

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In the broadest sense, any physical or psychological injury that is caused by another person’s neglect or wrongdoing can be considered as personal injury. Colloquially, people attribute personal injury with cases such as car accidents, burn injuries, wrongful deaths, brain and spinal injuries, dog bites, slips and falls, and other situations that are caused by another person’s negligence.

Personal injury is a subspecialty field of law that deals with providing legal remedies for people who have suffered physical or psychological harm due to the wrongful acts of others. A Personal Injury Lawyer in Lubbock TX is someone who specializes in this field of law. These lawyers have completed advance education and training in this particular field. Many of them have devoted their professional career handling cases of this nature.

The tort law deals with cases that involve personal injury. It defines the rights, obligations, and remedies that are used by courts during civil proceedings to provide relief for people who have been injured because of others’ fault. Normally, a personal injury case will have two contending parties: the plaintiff (the person who sustained injury or suffered financial losses due to the wrongful conduct of the other party) and the defendant or tortfeasor (the person who is responsible for inflicting harm or injury and incurs legal responsibility for the damage). When you speak of person, it does not exclusively mean an individual. As a matter of fact, the defendant can be the company or organization or business entity who may have caused the injury.

For an action to be considered as tortious, there are three elements that must be satisfied. First, the defendant should have legal duty to the plaintiff. Second, the defendant breached that duty by failing to act in what he or she expected.Third, the breach of duty resulted in injury or loss, either directly or indirectly, but somewhat foreseeable. In the legal sense, proximate cause between the injury and the breach must be proven. It is the duty of the plaintiff’s Personal Injury Lawyer in Lubbock TX to prove these three points before the court of law. The lawyer collects necessary information such a complete detailing of the incident, police reports, medical reports, witnesses, etc. to establish these legal requisites.

The main issue in most personal injury cases filed in courts is compensation. Personal injury cases, especially those involving severe injuries, often entail medical bills and lost wages. Defendants often choose to settle the matter off the court to avoid paying the rightful compensation. Although it can help save your time and effort, accepting their offer without question can lower what you would rightfully receive. It is also important to consider the emotional trauma, pain, and lost opportunities due to the injury. Usually, the at-fault party would offer paying for the medical bills and lost wages due to the accident. But the law does not limit compensation to the pecuniary damages. Under the law, the plaintiff should be compensated for all damages including pain and suffering.

Personal Injury Lawyer in Lubbock TX – If you have been injured due to other’s fault, you should consult a Personal Injury Lawyer in Lubbock TX to know your rights. Learn more about the personal injury law, visit DavidLaneHart.com.

Personal Injury Lawyer in Lubbock TX

Personal Injury Lawyer in Lubbock TX

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