What is Defined as Personal Injury?

Personal injury refers to any harm done to another person’s mental or physical health, either through negligence or intention. Damage to a person’s reputation by defamation is also a form of personal injury because it can result in financial loss. Victims of personal injury can seek compensation through various civil lawsuits defined as personal injury cases.

What Is the Most Common Personal Injury Case?

Personal injury lawsuits are overwhelmingly auto accident cases. The most common of which are rear-end collisions. Rear-end collision cases are typically open-and-shut because the driver in the rear is almost always at fault. Some other common types of auto accident cases include:

• Sideswipe accidents typically occur when one driver attempts to merge or change lanes without singling or checking for other vehicles on the road. As a result, the car changing lanes is usually at fault.
• Rollover accidents can happen under virtually any condition and often result in devastating property damage and bodily injury. Rollover accidents are more common with SUVs and commercial trucks because they have a higher center of gravity.
• T-bone/side-impact accidents commonly occur when a negligent driver attempts to run a red light or makes an illegal turn. The driver who violated the law is typically responsible for the accident and resulting damages. However, sometimes both drivers share fault.
• Multi-vehicle collisions commonly occur in a domino effect, beginning with a single rear-end collision. Although, anytime traffic congestion is present, the possibility of a multi-vehicle collision increases. 
• Blind spot accidents happen when a driver fails to check their blind spots before moving to another lane, turning, or merging into traffic. This is often the catalyst for collisions involving cars and motorcycles. Given the lack of protection surrounding a motorcyclist, the possibility of severe injuries is significantly higher.
• Truck accidents are among the most dangerous auto accidents. The size of a commercial truck alone is enough to cause significant damage, even at low speed, which is why truck accidents result in more deaths than other types of car accidents.
• Pedestrian accidents involve collisions between vehicles and pedestrians. Unless the pedestrian violated the law, such as crossing the street without a crosswalk, the at-fault party is typically the driver.

Because these cases account for so much personal injury litigation, personal injury attorneys typically have extensive experience handling this type of case.

What Other Personal Injuries Result in Lawsuits?

While auto accidents make up most personal injury claims, they are not the only type of personal injury lawsuit. Some other common examples of negligence resulting in injuries include:

• Slip and fall accidents. Property owners are legally responsible for protecting the safety of anyone lawfully present on their property. This includes security from slipping on something hazardous and falling. 
• Defective product accidents. Manufacturing companies must ensure the safety of their products before distribution. Failure to maintain safety standards makes the company liable when an accident occurs.
• Medical malpractice. When a healthcare professional fails to uphold a standard of care any reasonable medical professional would practice, the injured party has the right to sue for compensation.
• Wrongful death. If you lose an immediate family member because of another party’s negligent action, you can sue through civil court for compensation for your financial and emotional losses.
• Workplace accidents. Workers’ compensation typically covers medical care and lost wages for workers injured during the scope of their jobs. However, employers are responsible for maintaining safe conditions within OSHA compliance. Failure to keep the workplace safe could result in a negligence claim.

The legal process from these cases varies drastically depending on several factors, including who is responsible, what type of evidence is available to prove your claim, and whether or not you contributed to the circumstances that caused the accident. Therefore, before you file a lawsuit, it is beneficial for you to speak with a personal injury attorney about the details of your case and the possibility of recovering damages.

What Is the Difference Between Negligence and Intentional Harm?

Most personal injury cases involve a negligence claim. When you file a lawsuit for a personal injury claim, you must name a defendant. In the cases mentioned above, the claim involves an accusation of negligence. For example, in a car accident case, the law already establishes that every driver owes a duty of care to every other driver on the road. As the plaintiff, you must prove the other driver violated that duty of care, causing an accident and your injuries. The same applies to a medical malpractice case or a slip and fall accident. While the defendants in these cases acted negligently, they did not intentionally cause harm.

Sometimes personal injury cases do involve acts of intentional harm. For example, assault is a deliberate criminal offense also punishable in civil court. For instance, if someone assaults you, they will face punishment in criminal court, but you can also sue them for damages in civil court. Additionally, not all personal injuries are bodily. Defamation is intentional harm to a person’s reputation through the spoken or written word. It can result in significant financial repercussions, and the civil court allows you an avenue to compensation for that offense.

What Is the Role of a Personal Injury Attorney?

When you hire a personal injury attorney, they act as your representative throughout the legal process, from filing the lawsuit to communicating with all parties involved in your case. The specifics of their position in your suit vary depending on the type of case and circumstances surrounding your accident. However, some primary duties of a personal injury lawyer include:

• Taking care of the necessary paperwork to file the lawsuit within the timeframe allotted by the statute of limitations
• Investigating your accident, independent of the insurance company and law enforcement
• Collecting the evidence needed to back up your claim of negligence and provide proof for damages
• Offering personal support and a professional presence during a trying time for you and your loved ones
• Identifying and contacting expert witnesses when necessary
• Providing experienced negotiation skills to help you settle before entering a lengthy trial phase
• Representing you during mediation when attempts to settle fail
• Preparing your case for a potential trial should you reach an impasse in mediation

Another significant benefit of hiring a personal injury attorney is that their services come at no risk for you. Most personal injury lawyers charge using a contingency payment plan. This means they only accept your case when they suspect you will win and only charge for their services when you receive compensation.

Why Schedule an Appointment With a Personal Injury Attorney?

At Fielding Law, we understand the vital role an attorney plays in helping their client reach a place of financial stability following a devastating injury. We dedicate our attention to providing you with personal support and tenacious legal representation. If you suffered a personal injury because another person violated a duty of care owed to you, we can help you receive fair compensation for your losses. Our job is to protect your rights, and we do it for no upfront fees. We only get a paycheck if we secure a settlement outside of court or an award in court. Contact Fielding Law today to schedule your free consultation. We will go over the details of your accident and determine the best course of action for you.