Personal Injury law in legal terms can be referred to as a ‘tort’, a word stemming from a Latin expression meaning, harm, wrong or twist. The definition of a tort is one person or organisation causing harm to another deliberately or through carelessness or negligence. It allows victims to claim compensation for any injury they have suffered that has been clearly caused by another. Victims are able to claim compensation for all losses they have suffered including loss of income and pain and suffering damages.
Situations in which personal Injury law comes into effect are widely varied, however the most common are situations including workplace accidents, road traffic accidents, intentional harm, medical/surgical malpractice, defective products and defamation. Most cases are based on negligence causing some kind of personal loss or harm to another. However, the key point is that negligence must be explicitly proved. The law recognises that some accidents are unfortunately unavoidable and there is not always blameworthy individual involved. When engaging in a personal injury case it can sometimes be difficult to identify the proper defendant. For example, if a warehouse worker was injured by falling objects due to a fellow employee incorrectly stacking products, the offending employee may not have the financial resources to pay a large settlement. An injury attorney may then see fit to identify additional parties who are liable such as the on shift manager or owner of the warehouse.
Settlement vs Court
Not all personal injury cases take place in court. If it is clearly proven that the defendant was responsible for the injury of the victim and that they breached a legal duty, then the victim may decide to engage in an out of court settlement. This involves the defendant offering monetary retribution to the victim in exchange for the victim agreeing not to file a personal injury lawsuit. If the victim is unhappy with the proposal they may reject it and make an official personal injury compensation claim. A settlement can also be reached between parties when a lawsuit has already been filed pending it is reached before the case is handed over to the jury.
Types of Compensation
When negligence has been proved as the cause for personal injury in a court of law the offending party is obligated to recompense the victim for any personal harm and inconvenience caused to them. There are two types of damages that can be awarded; compensatory and punitive. Standard compensatory damages paid include property damage, loss of earnings and medical bills. Other compensatory damages that can be claimed for include pain and suffering and emotional distress. It is harder to prove these are necessary and may require the evidence and testimony of an expert in the field e.g. a doctor or therapist. Punitive damages can also be claimed for in some cases. This particular type of compensation is meant as a form of punishment to the offending party, therefore punitive damages are not often awarded and are most commonly used when the case involves large corporations rather than one individual at fault.