There are many branches of the law, and an injured party might wonder what makes a particular case a personal injury matter. Take a look at why a case may call for the help of a personal injury attorney.
Civil Liability
One distinguishing feature of an injury case is that it will be governed by civil law. Generally, legal matters either fall into criminal or civil law. Civil liability is different because it's designed to try to restore the status quo as much as possible by compensating a victim.
Suppose you were hurt in a slip-and-fall incident at a convenience store because of a wet floor. The goal in compensating you for your injuries is to make you financially whole on your losses. This means covering things like medical bills and long-term care costs. You might also be awarded compensation for less-tangible things, such as pain and suffering, emotional trauma, and loss of enjoyment of life.
Note that financial compensation is all that comes from this sort of case. No one goes to jail, is fined, or ends up on probation.
It's also worth noting that civil proceedings don't preclude criminal ones. If you sue a security company for injuries you suffered when you were assaulted by one of their staff members, the lawsuit doesn't prevent you from still bringing assault charges.
Measurable Medical Harm
Other forms of civil law exist besides injury law. What makes a matter an injury case is that the claimant suffered economically measurable medical harm. If you suffered a broken arm in an incident, for example, you might be able to seek damages.
When medical harm is claimed, it must be backed by evidence. A personal injury lawyer will frequently talk with medical experts to figure out whether a client's case is compensable.
Duty of Care
The law makes some allowances for the fact stuff happens. For a case to justify hiring a personal injury attorney, the damages involved can't just have happened due to weather or happenstance. Someone either had to have deliberately acted or failed to act in accordance with a duty to protect others.
For example, a stranger rarely has a duty to render aid if someone else is about to be harmed. The defendant must have had a duty of care at the time. This means a legally recognized responsibility to take precautions against others being harmed. For example, stores usually employ staff members who can clean up spills and set out warning signs. They do this because running a store creates a duty.
For more information, reach out to a personal injury attorney at a firm like Winstein, Kavensky & Cunningham, LLC.
Share29 June 2020
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