Although the legal term “personal injury” is fairly straightforward, there are many types of personal injury cases. A large number of personal injuries can give rise to personal injury claims. Moreover, in the realm of personal injury law, circumstances are crucial to the viability of the case.
In the United States, every year such accidents occur, resulting in property loss and more critically, human loss. For the case of the state of Nevada, we can find personal injury lawyer; where you can find a group of lawyers who meet the qualities, experience and knowledge to deal with any case of personal injury.
What is a personal injury?
The conceptual definition of “personal injury” does not necessarily refer to a physical injury per se, it is a concept within the field of law that deals with accidents or injuries to people. In these types of cases, the injured party seeks compensation for the damages received.
If the plaintiff in the lawsuit wins the case, the defendant will be obliged to compensate the personal injuries, at least financially. Indemnities are only applicable in tort law cases, intended to remedy a negligent or wrongful act, also known as a “tort”.
Types of damages
Instead of fines, probation or jail, civil cases are settled through awards. They are intended to alleviate the suffering of victims and compensate them for their pecuniary (economic) and non-pecuniary (emotional) losses. In personal injury cases, awards may cover the following damages:
- Decreased income, discounting of future wages, leading to possible economic recession.
- Costs of medical examinations and diagnoses
- Physical pain and suffering
- Emotional stress, mental anguish and loss of quality of life.
Negligence and proof of fault
Many personal injury cases arise from an act of negligence. This usually occurs when a person breaches the standard of responsibility in the care of others. As thinking living beings, we must have the instinct to know how to care for others. You cannot walk down the street in violation of traffic laws or take actions that may harm others in the environment in which you are acting. There are specific situations in which the duty of care is clear.
Anyone who drives a vehicle assumes a duty of care that obligates them to respect traffic rules and to take reasonable steps to ensure safe driving. For example, since everyone knows that texting while driving is dangerous, anyone who causes an accident by doing so has breached his or her duty of care and, as such, may be found negligent.
Medical professionals also accept a duty of care the moment they are hired. If they fail to meet the standards of their job and profession, they may in some cases be found negligent.
In connection with property liability laws, all property owners must see to the care and protection of visitors to their property. If they are unable to avoid certain hazards on their property, they may be considered negligent.
How to get help in these cases
Understanding the legal terms surrounding personal injury cases is definitely a step in the right direction if you want to file a personal injury lawsuit. However, you are likely to learn that this area of law is quite complicated to navigate. Hiring an attorney can help you manage your claim and get the best possible results in your personal injury case.