Personal Injury Claims: What You Should Know

Personal injury is a term used to describe an injury to the body, mind or emotions. This is different from an injury to property.

The term is typically used to refer to a type of tort lawsuit where the plaintiff has suffered harm to his or her body or mind. Lawsuits of this type are filed against the person or entity that caused the harm.

The reasons cited for personal injury lawsuits range from negligence, gross negligence, and reckless conduct to intentional misconduct. Damages can be interpreted and described in various ways. However, these generally include the injured person's medical bills, diminished quality of life, and pain and suffering.  Read more great facts on Barfoot Schoettker, click here. 

The typical personal injury claims are from road traffic accidents, work accidents, tripping accidents, assault, and product defect accidents. Personal injury also refers to medical and dental accidents as well as conditions that are classified as industrial disease cases which are developed at work.

The defendant must pay the plaintiff for damages caused by the defendant's actions. This happens when negligence has been established in a personal injury case.

It's easy to determine personal injury lawsuits where the defendant intentionally caused harm to the plaintiff. However, there are instances where defendants will be liable even if they did everything they could to avoid causing the harm.

This is called strict liability. A person is held strictly liable if someone is hurt while the defendant is engaging in dangerous activity even when the said activity is legal and all precautions are taken. Please view this site for further details.

Liability for defective products can also be imposed based on a theory that the company who manufactured it acted negligently by designing and selling an unsafe product. Plaintiffs hurt by a defective product can sue under a strict liability theory. It also has the potential to become large class action lawsuits, which involves many plaintiffs and enormous money judgments.

Insurance policy comes into play when you are injured. You can file a claim under your own insurance coverage. The insurer can be the one to seek reimbursement from the insurance carrier of the person at fault. You can also file a third-party claim directly with the insurance company of the defendant.

Different kinds of compensation that you can receive are called either general damages or special damages. The former are sometimes called non-economic damages while the latter is referred to as economic.

General damages are those that stem from the underlying accident or injury but can't be easily quantified. Special damages are easier to quantify.

It's important to look for a good lawyer. Barfoot and Schoettker can help you with your legal needs.