A personal injury (PI) accident is any accident or incident that results in a person suffering a physical or emotional injury, usually due to someone else’s negligence. Personal injury lawyers help victims recover financial compensation from the party who harmed them or caused the accident.
Personal Injury Accidents Can Involve Negligence or Intentional Acts
Personal injury lawyers possess detailed knowledge of tort law. Tort law deals with civil cases that involve injuries or wrongdoing caused by negligence or intention.
Negligence
Most personal injury accidents are just that—an accident. The party responsible rarely intends to harm another person.
Instead, they have failed to take proper precautions or exercise reasonable care in their actions which ultimately results in someone else getting hurt. These parties are negligent. The absence of intent does not absolve the at-fault party from financial responsibility. They are still liable for the hurt they cause a victim or their family.
Intentional Harm
In rare situations, the liable party intended to injure a victim. Their goal was to harm the other person physically or mentally. A victim is entitled to compensation from the party who injured them. While it is a tort, intentional infliction of physical harm is also a criminal act. PI accidents of this nature can be prosecuted under the civil and criminal justice systems.
Whereas civil cases aim to correct a wrong or settle a dispute, criminal cases intend to punish the wrongdoer. Both share the goal of deterring future similar acts.
PI Accidents Can Cause Physical or Emotional Harm
Personal injury accident victims may suffer physical harm, emotional harm, or both. When an accident occurs, victims typically experience physical trauma. In a car accident, a passenger may suffer broken legs. A slip and fall may result in a brain injury.
Physical harm is the most apparent, but it is not the only injury. Victims may experience harm to their mental or emotional states. Traumatic events trigger emotional distress in many PI accident victims. Signs of emotional distress are numerous. Victims may suffer from depression, anxiety, sadness, fear, post-traumatic stress disorder (PTSD), or difficulty sleeping (insomnia), for example.
Personal Injury Cases Usually Involve Financial Loss
Most PI accidents result in financial loss for the victims. These losses typically directly result from the accident. Either the accident caused the loss, or the resulting injuries did. For instance, a totaled car results directly from a collision, but medical bills stem from the injuries the victim suffered. Both cost the victim money. Types of financial losses often associated with personal injury accidents include:
- Lost income or benefits
- Reduced earning potential (the inability to earn the amount of money one used to due to injuries or disability)
- Damaged vehicle or other property
- Medical expenses
- Physical therapy
- Transportation or travel accommodation costs
- Replacement household services (tasks a victim cannot perform due to injury)
What Are Some Types of PI Accidents?
The term personal injury accidents encompass various events that are not strictly accidents. A PI accident is any situation that results in someone’s physical or emotional injury, including:
- Car accidents
- Slip and falls (or trip and falls)
- Dog bites
- Sexual assault
- Construction accidents
- Harm from products (product liability)
- The harm caused by dangerous conditions on someone’s property (premise liability)
- Physical violence
- Medical malpractice
- Abuse
- Nursing home or elder abuse or neglect
- Illness caused by negligence
- Workplace accidents
Proving Your Case for a Personal Injury Lawsuit
If you sustained a personal injury, you can file an insurance claim against any applicable insurance policy or file a lawsuit against the at-fault party directly. In either case, you must have key evidence to prove you are entitled to recover damages under the law.
For injury cases based on negligence, common law dictates that you must establish the four elements of negligence:
- Duty: The negligent party had a duty to prevent harm to you or keep you safe.
- Breach of duty: The at-fault party did not exercise the reasonable care necessary to protect you.
- Causation: The breach of duty, i.e., negligence, was the proximate cause of your accident or injury, without which you would not have suffered harm.
- Damages: Your accident left you with injuries that are financially compensable under the law (i.e., damages).
You can recover economic damages and your non-economic damages in an injury case. Economic losses refer to your financial expenses, and non-economic losses refer to physical and emotional injuries that affect your life.
You May Need a Personal Injury Attorney to Help You Recover Compensation for Your Accident
Finally, a PI accident may necessitate hiring of a personal injury lawyer. Injury lawyers have the legal knowledge and experience to help you obtain compensation after your accident or incident. They can investigate your accident, determine who is liable, gather evidence of your injuries and financial losses, and negotiate a settlement with the liable party. Then, if all else fails, they can file a lawsuit and fight for your rights at trial.
If you were hurt in a personal injury accident, contact the Law Offices of Wolf & Pravato today for a free consultation. Call us at (954) 633-8270. Let us build your compensation claim.
