Personal injury is defined as an injury that occurs to the body, mind, or emotions of an individual instead of damage to property. When sustaining a personal injury, one may need the services of the personal injury lawyers and of a chiropractic clinic such as AICA Atlanta. Personal injury law, as the name suggests, enables the person to get compensation for someone’s negligence or wrongful conduct that has led to the damage.
However, all injuries do not qualify for a personal injury claim, and it is essential to know about personal injuries that result in legal liability. Some common personal injury cases that are eligible for personal injury claims are discussed below.
Car accidents contribute to the vast majority of personal injury cases. In most cases, a car accident happens because of someone’s carelessness or negligence. If a driver is not following the traffic rules or is driving carelessly, he can be considered responsible and held financially for the damage and injuries. There are some exceptions in “no-fault” states where the drivers have to collect their insurers. However, drivers can be held responsible in the case of serious injuries.
Slip and Fall Cases
Slip and fall injuries are common but can turn into a legal injury claim if an injury happens due to the lack of safety in a property. For example, if a person is living on rent, he can demand compensation if he gets injured because of the lack of safety of the property. Therefore, it is the responsibility of property owners to keep their property safe and hazard-free, especially if they rent it out.
However, not all slip and fall injuries lead to liabilities, as it depends on the situation and the exact cause of injury. In a nutshell, if you are a property owner and are renting out your property, it is your responsibility to keep your property safe and free of hazards. Injuries caused due to a damaged staircase or loose railings can qualify for personal injury claims.
Medical misconduct or medical malpractice claim arises when a doctor performs treatment carelessly or intentionally that leads to further damage or injury to the patient. Medical malpractice claims are common during surgeries when doctors perform surgeries that fall below the relevant medical standard. However, not all medical or surgical complications qualify for liability because an unsuccessful treatment or surgery does not necessarily mean malpractice. Medical malpractices can be hard to identify, which makes them one of the hardest personal injury cases to win.
Defamation refers to an injury to a person’s reputation and emotions. A defamation case can arise if a person passes untrue statements about another person that affects his reputation. The defamation claimant needs to prove the nature of defamation, forum, platform, or the mean by which the statement was made, and how does it defame the claimant.
Simplifying the law, the claimant needs to prove that the negative statement made by a person led to the harm and financial loss. The defamation law is a bit stricter for celebrities as they need to prove the “actual malice” of the statement. Proving the actual malice means to prove that the statement was made intentionally with a motive to defame the claimant.
If a domestic dog bites someone, the owner of the dog is financially responsible for the bites, injuries, or other damage caused by the dog. The dog owner responsibility laws vary from one state to another. For example, in some states, strict biting laws exist in which the dog owner is financially liable for the dog bite even if the dog has no history or past cases of biting or aggression.
On the other hand, “one bite” rule exists where if the dog bites for the first time and no previous bite or aggression cases were reported, the owner would not be financially responsible. However, if the dog has a history of biting, the dog owner will be held accountable for the personal injury damages.
Intentional torts include all the personal injury cases in which a person harms the other on purpose. In the case of intentional torts, unlike injuries or damages caused by negligence or carelessness, a personal intentionally injures a person. Intentional torts can also involve the aspect of a criminal case against the offender. For example, if a person attacks another person, the felon may face criminal charges. In international tort cases, the victim can register a case in the civil court and claim compensation for attack-related injuries.
Personal injuries are injuries or damages caused on a personal level. If someone injures you or harms you physically or mentally out of intention or negligence, the law provides you the right to demand compensation. However, not all personal injury incidents are counted as legal offenses, and therefore, it is essential to consult a personal injury lawyer if you want to take legal action.