What Makes Something A Personal Injury Case?

Law Blog

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.


29 June 2020

Dealing with Estate Planning When You're Single

Too many single people assume they don't need to plan their estate. My brother fell into this category, and his unexpected passing left our entire family struggling to deal with his home, belongings, and financial accounts. It took nearly three years for the courts to set up a deal because he left no paperwork detailing how he wanted his estate divided. The situation immediately convinced me to work on my own estate, even though I'm still in my early 30's and don't have children or a spouse to worry about. Since it's a little harder to pick beneficiaries and estate managers when you're single, I collected the resources I used for making my own decisions and decided to publish them here on my blog. Use these resources before talking to an estate planning attorney so you're prepared for making hard decisions.