“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
Breast Implant Injuries
Lead Paint Injuries
Slip and Fall
Sports & Recreation Injuries
Toxic Mold Injuries
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
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.