Injury Lawsuits 101

Injury lawsuits, or personal injury lawsuits, are governed in tort law. This means that each state has its own laws, made by judges, and those laws are slightly different. The specific laws that apply may also be different depending on the type of case. However, no matter what the details are, the general premise remains the same. Injury lawsuits are designed to compensate a victim who was hurt by the defendant.

Types of Injury Lawsuits

Personal injury lawsuits can be brought in a number of different circumstances and situations. For example, you can sue for your personal injury damages:

• When you were injured by your doctor's negligence or by the negligence of another health care provider. These types of cases are called medical malpractice cases.
• When you were injured in a car accident. Some states limit your right to sue, permitting a lawsuit only if the injuries are "serious." These twelve states, called no fault states, allow you to recover medical bills and pain and suffering for non-serious injuries from your own insurer only under personal injury protection coverage
• If you got hurt in a business, private residence or public place. These lawsuits are governed under premises liability law. If you slip and fall at a grocery store, or if you are hit by a falling roof shingle at someones home for example, these would all be examples of premises liability case.
• If you are bit by a dog. These cases fall under dog bite laws in each state. Some states impose strict liability, so if you are bit, you can recover automatically without proving negligence.
• If you are injured by a dangerous or defective product. These are called product liability cases. Some types of product liability cases are governed by a strict liability standard as well, so you can sue in these instances simply by proving you were using the product as intended and that it hurt you.

Getting Damages

Although the standards may differ, the general rule is if the other party was negligent and that negligence directly led to your injuries, you can recover your damages. Damages may include payment for medical bills, lost wages, pain and suffering, emotional distress, wrongful death, loss of companionship and punitive damages in certain instances.

Getting Help

If you have been the victim of an injury, you should consult with an experienced personal injury attorney as soon as possible. Your attorney can help you to determine if you have a right to recover and can explain to you how best to prove your damages and collect the money you deserve.