At some point or other we all get injured. Some injuries will be more serious than others, and, some injuries will be our fault. Personal injury (PI) involves incidents were an individual is injured because of another persons fault. Popular examples include automobile accidents, medical malpractice, and slip and fall. But personal injuries come in a variety of forms.
Although the cases often vary factually, they fall under an area of law known as tort law. Theories of recovery for personal injury will be negligence, strict liability, or intentional wrongdoing (Intentional Tort). (Here, we focus on negligence.) In a negligence case a plaintiff can win an award if he can proves he was injured, and can show the defendant
- had a duty;
- breached that duty;
- the breach in fact caused an injury; and
- the breach was the proximate cause of the injury.
What happens soon after an injury is important to ensure you secure recovery.
Some famous personal injury cases you may recall are Dr. Phil’s dog bite, McDonald’s hot coffee incident, and the set of breast implant cases. But personal injury cases run the gamut and include injuries occurring at wok because of an employer’s failure to exercise reasonable care, or a local store failing to warn about wet floors. While some cases get mainstream coverage and other never make the local paper, they all address the same fundamental elements of negligence mentioned above.
If you have been injured and seek compensation, you should call an experienced personal injury attorney.