Personal Injury Law Basics: A Comprehensive Guide

Understanding The Basics Of Personal Injury Law

by Evelyn Addison — 2 months ago in Review 4 min. read

Personal injury law is a complex landscape that requires subject matter experts. Florida has the most personal injury disputes in the United States, and most don’t know how to deal with the aftermath of a severe injury.

People who get seriously injured in an accident or suffer physical distress often fail to claim compensation where it’s required. If you’re struggling with a similar issue, here’s an overview of personal injury law to help you get started.

This comprehensive guide will cover the most common types of personal injury cases and answer other queries related to a personal injury lawsuit.

What is Personal Injury Law?

Personal injury law deals with cases where one or multiple parties inflict damage that causes another party harm, often because of negligence. For instance, when someone gets hurt in a car accident, you’d need to determine if it’s a personal injury case.

Personal injury law also answers questions about what your rights are as someone who has suffered damage owing to a personal injury. Such laws also govern the situations in which you can claim compensation and the means to process your claim.

What is a Personal Injury Lawsuit in Florida?

In personal injury cases, you can file a claim in either state or federal court.

A plaintiff (the one claiming for damage) can demand compensation from the defendants (the people or entities you claim against) for medical expenses, disability, loss of income, and more if the personal injury is life-changing.

Most personal injury lawsuits demand the responsible party to restore the health and well-being of the injured person. According to Florida Laws, those injured as a result of a personal injury can claim payment for the damage inflicted. Florida’s statute of limitations also mandates drivers to maintain a minimum $10,000 insurance coverage.

Regardless of the type of accident that occurred, the legal claim must address a few conditions to qualify for a personal injury lawsuit. For instance, you can claim compensation for damage in a motor car accident in a case of negligence. As the plaintiff, you must submit your claim within two years from the date of injury.

Also read: 10 Top Android Apps For Personal Finances

What Types of Legal Claims Arise Under Personal Injury Law?

  • Accidental injuries: Most accidental injuries occur due to negligence, often requiring medical attention. For instance, the scenario could be a personal injury case where the damage has occurred because of medical malpractice. You can file a claim against the medical professional that provided the wrongful treatment. Some accidents can also happen on a commercial property that hasn’t been cared for by the landlord. This is another example of personal injury where an act of negligence resulted in accidental damage (bodily and property).
  • Liability claims: Such cases occur as a direct result of a person’s actions or inabilities. For instance, a product may cause physical harm owing to a technical defect. You can file a claim against the manufacturing company and hold the entity responsible for your losses, even if the intent was not malicious or intentional. In strict liability claims, you only need to prove the injury and that the opposing party caused it. When an employer has failed to provide proper training for operating a machine, it may result in workplace injuries.
  • Intentional damage: When someone causes you harm on purpose, it is considered a personal injury case, giving you the right to claim compensation for your injuries. For instance, when you’re assaulted at work, your home, or in a public space. Such cases include battery, vandalism, and other daylight crimes. If you’ve suffered injury in any such situation, personal injury laws apply, and you can file a claim against the defendant who wronged you.

What Damages Can You Receive Compensation For?

In a personal injury lawsuit, you can file for economic damages, like medical bills for doctor visits and appointments, surgeries, diagnostic tests, prescriptions for medications, facility costs, rehab, and more. Workers can claim lost wages in a personal injury case, especially if their livelihood has been affected. Such cases usually demand compensation for the loss of benefits, like annuity or pension.

Non-economic damage in a personal injury lawsuit usually deals with emotional distress and mental well-being. The injured plaintiff can demand compensation for the pain and suffering caused by the accident. Non-economic damages are hard to measure, but there are a few factors to consider. Those who’ve experienced mental anguish can submit a claim based on the extent of the injury and the recovery period.

Note that Florida has the most personal injury cases per capita. The new law in Florida states that a plaintiff must file a personal injury case within two years from the date of the injury. You can also claim support for damage done to your property as a result of the accident. To make a stronger case, most plaintiffs submit medical records to prove the length of treatment.

Should I Contact My Insurance Company in a Personal Injury Case?

Regardless of the cause of the personal injury, you’ll have to deal with an insurance company to make a proper claim. Insurance coverage plans like auto, business, homeowner’s, or malpractice insurance resolve personal injury cases with settlements or payment agreements to waive any kind of claim made now and in the future.

When making a claim, the plaintiff must provide relevant evidence to show the defendant was directly responsible for the injuries sustained. It is up to the plaintiff to prove how badly they were harmed in the accident by presenting accurate data that shows the defendant should be liable for the losses under personal injury laws.

What is Long-Term Care in Personal Injury Law?

Some personal injury cases require defendants to provide long-term medical care to the injured to achieve the highest level of recovery possible. Individuals can receive compensation for medical treatments and rehabilitation so their physical and mental health improves with time with continued support.

Whether the injury has occurred as a result of a car accident, workplace mishap, or medical malpractice, you can file for long-term care, such as the following:

  • Medical treatments that require ongoing investments, attention, and management like physiotherapy, chemotherapy, specialized treatments for an injury, medical surgeries that cost a fortune, and more.
  • Rehabilitation services include occupational, physical, and speech therapy for individuals who have lost functional abilities: For instance, a car accident may leave you immobilized or cause loss of mobility.
  • Psychological support with assistive devices and adaptive technologies after undergoing psychological counseling: Such personal injury cases aim toward addressing any mental health challenges like trauma.
Evelyn Addison

Evelyn is an assistant editor for The Next Tech and Just finished her master’s in modern East Asian Studies and plans to continue with her old hobby that is computer science.

Notify of
Inline Feedbacks
View all comments

Copyright © 2018 – The Next Tech. All Rights Reserved.