If you or your loved one got involved in an accident and incurred injuries due to someone else’s negligence, it is natural to wonder whether you can file a lawsuit against the negligent party to seek compensation for your damages. Personal injury law deals with cases whereby one person gets injured due to the negligent or reckless behavior of another individual or organization, whether intentional or unintentional. Also known as torts law, this branch of law helps victims sue the negligent party for compensation of their physical and financial damages, as well as emotional pain and suffering.
If you were injured in such an accident, you might qualify for a personal injury lawsuit against said party. Experienced Dallas personal injury lawyers at Angel Reyes & Associates can help you gather necessary evidence, compile relevant documents, and guide you through the complex process of filing a lawsuit in a court of law. Read on as we take a closer look at what personal injury is and what such lawsuits might look like.
What is a Personal Injury?
Personal injury is a broad term used by civil litigators to refer to physical, emotional, and financial damages incurred by a person in an unfortunate accident. It is different from bodily injury, which only includes physical harm and does not account for the financial and emotional aspects of the injury. Personal injury law is a form of civil law which allows victims of such accidents to sue the negligent parties for compensation of damages, monetary and otherwise. In all such lawsuits, the negligent party responsible for the accident and resulting injury is the defendant, whereas the victim of the accident is the plaintiff.
Types of Injuries Under Personal Injury Law
Personal injury law covers a wide range of injuries resulting from slips and falls, car accidents, premises liability cases, medical malpractice, police misconduct, assault and battery, police brutality, wrongful death, defective products, character defamation, and more.
If you incurred any type of physical, emotional, or financial damage from one or more of the broad categories of personal injury listed above, your case will most likely qualify for a personal injury lawsuit. By filing a lawsuit against the negligent party, you can seek compensation for your damages via a lawsuit trial or out-of-court settlement negotiations.
Essential Components of a Personal Injury Lawsuit
All personal injury lawsuits have three major components that must be fulfilled to successfully obtain compensation for damages. These include proof of negligence, harm, and damages.
Negligence
One of the most important requirements of any personal injury lawsuit is proving negligence on the part of the defendant. Known as establishing liability, it is one of the core components on which your lawsuit and its outcome will rest. Depending on where you live, you might also be required to prove that your negligence did not contribute to the accident in any way.
Harm
The second requirement that needs to be met is proving that the negligence of the defendant resulted in direct, active harm to you or your loved one. Whether intentional or unintentional, any action that might violate the duty of care can be challenged in a court of law as part of a personal injury lawsuit.
Damages
You must also prove that you incurred physical, emotional, or financial damages directly due to the accident. Compensable damages include medical bills, lost income, costs of medications and physical therapy, occupational therapy, and incidental expenses, among others.
Conclusion
If you or your loved one got involved in an accident due to someone else’s fault, you might be able to pursue legal action against them. It is important to remember that no two personal injury lawsuits are the same. The process and outcome of each lawsuit will differ depending on various factors, with one of them being the type, extent, and severity of your physical injury.
