Personal Injury: Understanding the Basics
Posted June 8th, 2021 by Anthony Carbone.
Categories: Personal Injury.
Each year, thousands of people get killed or injured in accidents, but not all are responsible for their injuries. Injuries that result from accidents caused by wrongful actions or the negligence of others automatically qualify as personal injury. Victims can also file a claim against the liable party seeking compensation for economic and non-economic damages. Here is more information on personal injuries:
What is the legal definition of personal injury?
Personal injury falls under the tort law and is legally defined as an injury to somebody’s mind, body, or emotions because of a wrongful, negligent, or careless act by another. Therefore, for an accident to qualify as a personal injury accident, the party causing the accident must have been involved in a wrongful act.
Types of personal injury claims
As discussed above, there are so many types of personal injuries. The most common ones include:
- Auto accident: Victims can seek compensation when involved in an accident that was not their fault. However, the plaintiff must have sustained injuries and must have medical documentation detailing injuries, a police report, and insurance information.
- Medical malpractice: These claims arise when doctors or any other medical practitioner causes physical harm to the patient because they were negligent or offered inappropriate treatment.
- Product liability: This is one of the personal injury cases that may involve more than one liable party. The plaintiff would seek compensation if they sustained injuries after using a defensive product. It could also be because there were insufficient or no labeled warnings. One condition in these claims is that the plaintiff must have been using the product for the proper purpose.
- Wrongful death: Personal injury accidents mainly result in injuries sustained by the victim. However, it is also possible for death to occur. If this happens, the family is entitled to compensation for all damages, including funeral expenses.
The statute of limitations
After an accident, you will have a limited period by which you must have filed a personal injury case to be considered. This is known as the statute of limitations, and it differs from state to state and according to the type of accident causing the injuries.
Compensation for personal injury claims
You are entitled to compensation if you can successfully prove that the other party caused your injuries through an act of negligence. Compensation includes:
- Economic damages: These are payments for past and future medical bills, property damage, and lost earnings. Therefore, you will receive compensation for all workdays missed when seeking treatment.
- Non-economic damages: Mainly pays for the pain and suffering
- Punitive damages: These are charges by the court to punish the defendant for the wrongful act
Why the Law Offices of Anthony Carbone
Our expert has represented and won cases of other personal injury cases for over 30 years now. Therefore, you are assured of the best legal advice and representation. The attorney will also help with gathering evidence and handling negotiations until you win your claim. To get legal representation from a North Bergen Personal Injury Attorney, or know whether you have a case, call the offices at 201-829-3805 to discuss your options.