Personal Injury Overview

“Personal Injury” is a blanket term to describe any number of legal claims in which a plaintiff (the party who sues/brings a legal action) files a civil lawsuit against a defendant (the opposing party/respondent in a legal action or lawsuit).

This term can refer to anything from a slip and fall or accident case to a medical malpractice or wrongful death case. The unifying theme of personal injury cases is that there is a harmed – physically, mentally, emotionally, or financially – party that wishes to recoup compensation – normally monetary – to make up for the damage caused.

 

Common Types of Personal Injury Cases

Asbestos Injuries

Assault Injuries

Auto Accidents

Breast Implant Injuries

Bus Accidents

Defamation

Dental Malpractice

Drug/Pharmaceutical Injuries

Dog Bites

Home Accidents

Lead Paint Injuries

Libel/Slander

Medical Malpractice

Motorcycle accidents

Product Liability

Psychiatric Malpractice

Slip and Fall

Sports & Recreation Injuries

Toxic Mold Injuries

Train Accidents

Wrongful Death

The following represents common elements which must be proven in a personal injury case:

  • the defendant owed the plaintiff a duty of care
  • the defendant breached the duty of care owed to the plaintiff
  • the breach by the defendant caused harm to the plaintiff
  • the plaintiff now suffers from a permanent disability or suffered major harm due to the acts of the defendant

 

Fee Structure
Attorneys in personal injury cases generally work on a “contingency basis,” which means that the attorney’s fee is a percentage of damages awarded rather than an hourly rate over the course of the trial process.

If you have been injured in a scenario which involves a potential personal injury case, you should speak to an experienced personal injury attorney as soon as possible.   An experienced attorney may help you receive compensation while also helping to preserve your legal rights. The Lawyer Referral Service can refer you to attorneys in your area. Contact us today.

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