Understanding What Constitutes A Personal Injury
Unfortunately, accidents or damage to you or a loved one are a part of life and cannot be avoided. This fact does not lessen the suffering and uncertainty that result from personal injury that someone else could be legally responsible for though, and you may want to take action to defend your legal rights after this type of accident or injury. This process raises a number of general questions regarding filing a personal injury claim and what, exactly, constitutes a personal injury. A personal injury can involve a variety of injuries to a person’s body, emotions, or reputation as contradistinguished from injury to property rights.
Personal Injury Coeur D’Alene
There are three different grounds on which personal injury claims can rise; Negligence, Intentional Torts, and Strict Liability. Here are some questions you can ask yourself to see which ground your personal injury falls under:
- Did your cause of personal injury result from another person’s failure to act within a degree of caution that is known to the general public or that someone of ordinary prudence would have used in the same situation? If so, your personal injury would fall under the grounds of negligence. Negligence is the most frequent reason for filing a personal injury claim, and liability under negligence could get you compensation for any medical expenses or lost wages from missing work days that have resulted from your personal injury. Some examples of personal harm under negligence could include:
- Automobile accidents
- Workplace accidents
- Medical malpractice
- Did you suffer a personal injury by someone who intentionally caused you pain or harm? Intentional torts are deliberate acts by another person to inflict physical or emotional damage or distress. Your personal injury would fall under the grounds of intentional torts if it includes any of the following:
- False imprisonment
- Trespassing on your private property
- Intentional abuse, both verbal and physical
Compensation for emotional distress, pain or suffering received by a personal injury under negligence may be received if proven in a court of law.
- Was your cause of personal harm the result of a faulty product? Or, perhaps, a slip on the ice by the entry of a business? If you suffered a personal injury that was not the fault of another person’s actions, it just happened, then it would fall under the grounds of strict liability. Strict liability means that the act that caused harm or damage was independent of someone else’s negligence, yet direct injury was the result. A few common examples of a personal injury under strict liability would be:
- Damage from a faulty product
- Dog bites or other animal attacks
- Abnormal dangerous activities
If your personal injury falls into either of the categories explained above, you can look into getting legal help and compensation for damages that resulted from your situation. Contacting a personal injury attorney is the first step to establishing your case. Then, a court proceeding will ensure to identify the parties who are legally responsible through a court decision or an informal settlement discussed prior to filing any lawsuits. This process can seem daunting and confusing, and the duration can range from a few months to years, depending on the kind of personal injury sustained and the damages sought by the affected party.
Beck Law has provided the best representation services for personal injury claims in Coeur D’Alene. We understand the law and, more importantly, understand the pain and sorrow that comes with personal injury. For more information, give our offices a call today so we can get you on the path to compensation for your personal injury.