Personal injury is a huge part of the legal world, and it’s an area that can have some pretty blurred lines if you’re not entirely sure of what all it encompasses. At Westphal Law Group, we dedicate our time towards individuals that need the extra protection and fight to get what they deserve after a personal injury, so you could say that we have some experience.
While we do know everything there is to know in the business, there are too many people that turn the other way with an injury because they don’t realize what is considered a personal injury and that they not only have the right but have the help, to get what they need after an accident. In order to provide some clarity, our blog post today is dedicated to giving a full definition and breakdown of what personal injury entails, how to classify it and what type of help you can get.
What Is Personal Injury
The overall definition of personal injury lands on a pretty large spectrum. Personal injury law covers any situation in which someone’s mind, emotions or body are hurt. A majority of personal injury cases will often have occurred because of someone else in the situation, be it work space or personal life, was negligent or careless. Because of how wide the spectrum for personal injury is, the cases that we see can vary quite a bit. This also means that there is a lot of variation and circumstances in which you need to consider before determining whether or not you can or can’t receive help with your case.
Some of the more well-known cases associated with personal injury are wrongful death cases. These cases happen when an accident that occurred resulted in death or where an injury has the chance of becoming fatal, and it was due to the negligence of someone else or their lack or responsibility in a case. In these instances, cases will usually be built around getting the family of the individual the money that they need to make up for the death. While there is no price tag that can bring a family member or friend back, these cases can result in quite the payout by whoever it was that the negligence is tied to, that is, of course, depending on the case.
How the Case Begins
A personal injury case will begin when the injured individual, also known as the plaintiff, will make a claim of their injury. This claim will go towards a specific business in which the injury is to blame for, or to the person that was negligent and caused the injury. This person is known as the defendant. Most cases will be put in motion with the plaintiff having the intentions of suing the defendant to get the compensation through a monetary value, this is known as damages. Damages are calculated with medical bills, damage to vehicles or buildings, and any money that was lost from having to recuperate from the injury.
Types of Personal Injury Cases
We mentioned earlier that there are a few different types of personal injury cases that can come up, especially with how broad of a definition there is for the legality of the legal coverage. While there are tons, there are some that are more commonly brought up and develop into full cases. Below are a few of the instances where we often see personal injury cases take place:
- Motor Vehicle Accidents
- Animal Accidents, most commonly dog bites
- Injuries in the Workplace due to Negligence
- Slip & Falls in Public Places
- Accidents when Using Ultrahazardous Materials
Consumer Product Liability
- Defective Products
- Recall of Product
The Focus of the Case
Personal injury law is dedicated to providing people with the care that they need after they have encountered an injury, and working on providing them with the financial assistance they need to take care of themselves. While it is known for these cases to take care of any property damage or additional damage that happened, the primary focus of these legal cases is to deal with the individual that was injured. After those needs are cared for, then the individual in charge of the case will work on handling the other needs.
How Negligence is Defined
So, a personal injury is going to based off of negligence of another party, but how negligence is defined can really determine whether or not you have a case at all. There are a few solid instances where negligence is solidified and noted, and they are:
- The defendant is in charge of providing care for the plaintiff
- The defendant caused the injuries of the plaintiff
- The defendant breached or failed to provide their full duties or responsibilities, leading to injury.
Cases Supporting Negligence
A personal injury case is structured based off of the ability to prove that the defendant is, in fact, negligent in the circumstances of the injury. After the case has been proven, the team will then work towards determining how much the damage was caused and what will be needed to compensate for them. These damages will include things that are easy to put a monetary value on, and also things that are difficult to put a monetary value on. Things like lost wages and medical bills will be covered, but things like pain and suffering get into the mix and can create some serious issues when they get brought up.
While there may be plenty of support that leaves you feeling like you have a strong case, the defendants may be able to dig up some information that makes it come across as though you played a part in the injury happening. For that reason, it’s very important that you have a lawyer you can trust and one that you feel confident enough in to let them build you a strong case. We’ll talk more about concerns that you need to be aware of during the case in a future post, so make sure to keep an eye out for that.
We’ve really dug deep into what is entailed in a personal injury case, but it’s important to note that any strong personal injury case is one that will not usually wind up in a trail. At Westphal Law Group, we do everything in our power to create a strong case so that mediation is the main way that issues are settled and damages are determined.
If there is an instance that you’re not entirely sure is a personal injury case, or you could ultimately use some guidance on, don’t hesitate to reach out to the team at Westphal Law Group in San Bernardino. We can provide you with a consultation on your circumstances and determine whether or not it is a situation that would be considered a case. Call us today and we can set a time up to meet with you!
As always, make sure to keep up with our blog space so that you can dive further into the world of personal injury and get a better idea of what your case entails, what to expect when dealing with a case, and what types of questions you should be asking throughout the process. Our team does the best to keep our clients updated and informed throughout the entire process, but are always happy to help on the side if you have any further questions that you need to be answered.