What is considered personal injury?

The term “personal injury” is used to describe a broad area of law which focuses on helping plaintiffs who have been injured as a result of the negligence of another obtain compensation for their injuries and losses.  Personal injury cases typically arise as a result of: 

• Auto accidents;
• Truck accidents;
• Boat accidents;
• Work-related accident and injuries;
• Dog bites;
• Slip and fall accidents; and
• Trip and fall accidents. 

More complex personal injury cases may involve: 

• Medical Malpractice;
• Premises Liability;
• Products Liability;
• Airplane Crashes;
• Train Crashes;
• Exposure to toxic waste and other dangerous substances; and
• Prescription drug/pharmaceutical malpractice. 

At the heart of every personal injury case are two issues: 1) liability and 2) damages.  To prove liability, a plaintiff must show that: 

• The defendant had a duty to act or to refrain from acting in a given manner;
• The defendant breached that duty;
• The plaintiff was injured; and
• The defendant’s breach of the duty of care was the proximate cause of the plaintiff’s injuries. 

If a plaintiff proves liability, he may be entitled to recover damages.  A plaintiff must prove his damages by introducing evidence, including documentary evidence and testimonial evidence.  A plaintiff who successfully proves damages may recover the following types of damages: 

• Economic damages;
• Non-economic damages (also known as pain and suffering); and
• Punitive damages. 

If you have been injured in any type of accident, you should contact an experienced personal injury attorney as soon as possible because you have only a limited amount of time to file a claim.  A personal injury attorney will review your case and assist you in obtaining the compensation you deserve.