What is Personal Injury Law?
Personal injury law covers a wide range of legal claims that arise when an individual is injured due to the negligence, recklessness, or intentional actions of another person or entity. Some of the most common types of personal injury claims include car accidents, slip and falls, medical malpractice.
The primary goal of personal injury law is to ensure that individuals who’ve been injured receive compensation for their injuries. This compensation typically covers a variety of expenses. These expenses include medical bills, lost wages, pain and suffering, and other damages related to the injury.
Elements of a Personal Injury Claim
To succeed in a personal injury claim, the injured person (known as the plaintiff) must prove several elements. These elements include:
Duty of Care
The defendant (the person or entity responsible for the injury) must have had a legal obligation to exercise reasonable care to avoid injuring the plaintiff.
Breach of Duty
The defendant must have breached this duty of care, either by acting negligently or recklessly or by intentionally causing harm to the plaintiff.
Causation
The defendant’s breach of duty must have directly caused the plaintiff’s injuries.
Damages
The plaintiff must have suffered actual damages, such as medical bills, lost wages, pain and suffering, or other losses as a result of the injury.
Types of Damages
There are two main types of damages that an injured person may be entitled to recover in a personal injury claim: economic and non-economic damages.
Economic Damages
First, there are economic damages. Economic damages are intended to compensate the plaintiff for specific financial losses incurred as a result of the injury. These damages may include medical bills, lost wages, and other out-of-pocket expenses related to the injury.
Non-economic Damages
Finally, there are non-economic damages. Non-economic damages are intended to compensate the plaintiff for more subjective losses. These include losses such as pain and suffering, emotional distress, and loss of enjoyment of life.
Statute of Limitations
One important consideration when pursuing a personal injury claim is the statute of limitations. The statute of limitations is the deadline the injured person must file a lawsuit in court in order to pursue their claim. In most states, the statute of limitations for personal injury claims is two to three years from the date of the injury, although this can vary depending on the type of claim and the state where the injury occurred. In Alabama, the statute of limitations for a personal injury claim is two years.
It’s important to note that if the injured person fails to file a lawsuit within the statute of limitations, they may lose their right to pursue their claim in court.
Conclusion
Personal injury law is a complex and constantly evolving field that requires specialized knowledge and experience to navigate successfully. The above is not legal advice. If you or someone you know has been injured due to the actions of another person or entity, it’s important to consult with an experienced personal injury attorney. They will guide you through the legal process and help you receive the compensation you deserve. Schedule your free consultation with Chris Baldwin Law by clicking HERE or by calling (334) 863-4555.
Check out these articles to learn more:
The Simple Steps You Must Take After a Car Accident
Who is Liable for a Slip and Fall?
Causes of Medical Malpractice in Alabama
Chris Baldwin Law
Have you suffered harm due to the negligent or intentional acts of others? Do you need someone to fight for your rights and help you get the compensation you deserve? Contact Chris Baldwin Law. From car accidents to slip and falls, we handle a wide range of personal injury cases and will work tirelessly to ensure you receive the compensation you deserve. Contact us today to schedule your free consultation. Let us help you get the justice you deserve. Schedule your free consultation with Chris Baldwin Law by clicking HERE or by calling (334) 863-4555.
No representation is made that the quality of legal services is greater than those performed by other attorneys.
