About Personal Injury Law – General Legal Information

By: Penelope Stone | Posted: 16th April 2010

Personal injury law is intended to protect the rights of those who are injured due to the negligent or intentionally wrongful actions of others. Personal injury attorneys represent injured plaintiffs and their families against the defendant, which may be a single person, several people, a business entity, a hospital, or another organization.

The term "personal injury" is an umbrella term that encompasses a wide variety of cases, including those involving medical malpractice, auto accidents, slip and fall accidents, defective products, and wrongful death.

In order for a personal injury claim to be successful, a personal injury lawyer must establish:
• That the defendant owed the plaintiff a duty of care;
• That, by failing to act as a reasonable person would under similar circumstances, the defendant failed to fulfill this duty of care;
• That the defendant's failure directly contributed to a physical and/or emotional injury on the part of the plaintiff; and
• That the injury or injuries sustained by the plaintiff resulted in losses and expenses for which he or she should be compensated.

By establishing each of these points, the plaintiff's lawyer demonstrates that the defendant is liable--or financially responsible--for the plaintiff's losses and expenses stemming from the injury. By compensating the plaintiff, the defendant helps to make the plaintiff "whole" (or as whole as possible) again, which is ultimately the point of civil law. In most cases, personal injury lawyers are able to negotiate settlements that are favorable to their clients before it becomes necessary to proceed to trial. Among cases that proceed to trial, a substantial number settle before the jury has a chance to make a ruling. A relatively small percentage of personal injury cases actually result in a verdict.

The damages awarded in personal injury cases vary from case to case, but generally include compensation for medical bills, lost wages, and pain and suffering. If the defendant's actions are deemed to be particularly and egregiously negligent, the plaintiff may also be awarded punitive damages (damages intended to punish the defendant rather than compensate the plaintiff).

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