Being injured is something we all try to avoid. This is due to the fact that injuries are normally associated with costs and other hindrances. For example, if I am employed as a handyman and I get injured on my hand or leg, this could stop me from carrying out my tasks at work and the result will be unemployment or lack of funds for the duration of the injury.
Personal injury or tort law was established to protect individuals that have been harmed by others. This harm does not only include physical injuries but also emotional ones. Personal injury lawyers take responsibility also for emotional recovery. Carrying the process of claims from start to the end, they mainly focus on the damage that has been caused to a person. As compared to general lawyers, specialized injury attorneys have in-depth knowledge of tort law. Having many years of such experiences, they always help clients to get full compensation. It doesn’t matter what type of harm has been done to the injured party; from a truck, bicycle accident, from home abuse to construction accidents. An experienced personal injury lawyer can win the case by all means.
Types of Harm
When an accident occurs, there can be two types of harm that a person might suffer from. The harm could be physical or emotional. Physical harm occurs when for example I slip on a wet floor in a supermarket or when a faulty ladder breaks whilst I am climbing it. Emotional harm occurs when the mind is affected. For example, when I witness a loved one being electrocuted or badly injured from an accident. Emotional harm is hard to quantify as it happens in the brain and different people react to situations differently.
The court system then seeks to compensate the victims for the harm or loss suffered. The amounts paid to the victims include but are not limited to, hospital bills, therapy as well as upkeep for loss of earnings.
The harm is closely examined and an equitable amount is given to the victim. If for example i am a star quarterback and I am hit by a municipal truck and break my leg or arm, the compensation will account for my worth as well as the loss of earnings. It is, therefore, easier to quantify harm that is physical because it can be seen and its effects measured. Emotional harm on the other hand is hard to measure. This is due to the fact that each individual reacts to a situation differently. Where one individual recovers quickly from a traumatic experience without needing any help, I might need years of therapy and I might also struggle with work and relationships. The damages paid to me the plaintiff will take into account all of those factors.
In other instances, plaintiffs are awarded punitive damages. Punitive damages are awarded to plaintiffs on top of compensatory damages. This happens when the courts deem the defendant’s actions to be grossly negligent or intentional and it serves to deter others from doing the same. Punitive damages can be more than compensatory damages.
Personal Injury Claims
? Medical Malpractice
Medical Malpractice is when a health worker commits some negligence when performing their duties. This negligence and both be intentional or non-intentional. The negligence is measured by comparing the actions or duties that are normally carried out by persons with the same training, position, and experience. Common malpractice examples have to do with either surgery or births. In these situations, doctors/nurses fail to prevent a bad outcome from occurring. A lot of mothers have laid charges on doctors and hospitals when they gave birth and found out their child has some condition that could have been prevented. If the medical malpractice results in someone passing away, then seeking out a law firm that specializes in wrongful death cases is a wise idea. Although medical malpractice often covers deaths, opting for a specialized law firm can ensure someone with a vast amount of wrongful death knowledge is on the case.
? Product Liability
When I buy a product from a reputable store, I expect it to function the same way it was advertised. I do not expect it to break apart and injure me in the process. For example, if I buy a brand-new car, I do not expect the steering to lock suddenly whilst I am driving or a tire to burst when I am on the freeway.
When a product is faulty, I can either sue the supplier or the manufacturer depending on who is at fault. This is because they are supposed to do product testing regularly to ensure their products are safe for use. If indeed the product was faulty and it injured me, the manufacturer/supplier has to pay compensatory damages and maybe punitive damages if there was gross negligence on their part in ensuring the safety of myself as well as other consumers. Check out product liability lawyer in idaho falls.
I’m a 20-something stay-at-home mother and wife. I have an amazing husband, a beautiful daughter, two loving dogs, and a lazy cat. I wouldn’t change my life for anything! I love to read, listen to music, cook and blog!
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