When one considers a personal injury case, the first type to come to mind is often a car accident. However, there are many different types of personal injury cases, and they will vary in the types of settlements that can be received. If you are injured physically or psychologically through the negligence of another person or company, you may be entitled to a settlement that includes medical reimbursement, money to make up for lost wages, and compensation for pain and suffering. Understanding the types of personal injury cases may give you a better understanding of the sort of case you will be pursuing and the size of settlement that you are entitled to.
The first method of categorizing personal injury cases is through analyzing the reason for the injury. Some personal injury cases are called intentional tortes, which are those that are the result of willful actions imparted on the victim. Strict liability tortes are another type of personal injury case that is the result of a defective product. Finally, negligence is the most common torte used in personal injury cases, and this one involves the infliction of injury due to the failure to prevent an accident from occurring. In most cases, these personal injury cases are brought against and individual or company by the victim, but if the victim is a minor or has died, the case can be brought by a third party on the victim’s behalf.
Reasons for Filing
There are many reasons besides an automobile accident for filing a personal injury case. The injury may take place on the job, through exposure to dangerous toxins or an unsafe work environment that might cause a serious fall. It could occur on a neighbor’s property with a dog bite by the next door neighbor’s pet or a slip and fall on the sidewalk in front of his house. Personal injury could also be caused by a defective product, medical malpractice or nursing home abuses.
What is at Stake
If you decide to file a personal injury claim, there are two factors that must be considered. The first is the damages that describe the extent of the injury or loss. Damages can incorporate the medical, physical, emotional and mental pain and suffering that is incurred from the injury, as well as loss of income, schooling and training. In addition to determining the extent of damages that were incurred as a result of the accident, liability is another consideration to make. Liability involves the extent of responsibility that has contributed to the victim’s injuries. More liability may mean a bigger settlement.
By understanding the different types of personal injury cases, a victim learns that he has many choices and much versatility in the area of personal injury. However, that also means that this area of law can get confusing for the average person who has been injured through no fault of his own. That is why an experienced personal injury lawyer is invaluable in helping a victim seek a fair settlement and get the compensation he deserves.
Disclaimer: This article provided by the law office of Frank Eidson of Orlando, FL