What Is Personal Injury Law?

Cellino Law-Personal injury law

When you sustain pain and injury due to someone else’s negligence, it is only natural that you should receive compensation and a sense of justice for your losses. The field of personal injury law exists to provide you with just that by establishing a set of processes by which you can pursue compensation either through negotiation or courtroom litigation, all in accordance with legal statutes.

Personal injury law is a form of civil law, meaning that the wronged party takes legal action directly against the at-fault party, rather than the government prosecuting an accused individual. It is also a broadly-encompassing field of law that covers a wide range from injury-inducing incidents from car accidents to slip-and-falls as well as medical malpractice and more. If you receive an injury because of another person’s negligence, regardless of circumstances, the attorneys at Cellino Law stand ready to help you understand how personal injury law can deliver the outcome you deserve.

What Is a Personal Injury?

Personal injury refers to any physical, mental or emotional damage to a person, as opposed to damage to one’s property. When you receive this type of injury because another party was reckless, careless or breached their duty of care toward you, then personal injury law becomes applicable to your situation and provides you a chance to receive compensation for any medical bills or other expenses you incur as a result.

When determining if an injury is grounds for filing a personal injury claim, it is important to understand the types of accidents that typically cause personal injuries in the first place:

  • Car accidents: Motor vehicle crashes, including motorcycle accidents and pedestrian accidents, can cause severe personal injury, especially when a motorist drives recklessly
  • Slip-and-falls: Slip-and-fall injuries are grounds for a premises liability claim when the owner of a public space or business is negligent in preventing walkway hazards
  • Construction accidents: Workers and bystanders have valid cause to file a claim when dangerous construction site conditions lead to an accident
  • Medical malpractice: Medical professionals are liable for malpractice when careless behavior leads to a patient sustaining an injury
  • Wrongful death: The wrongful death of a loved one due to another person’s negligence also falls under the definition of personal injury law

Cellino Law handles these types of personal injury cases and more.

What Is the Personal Injury Lawsuit Process?

Initiating a personal injury lawsuit should start with meeting an attorney who can help you understand your legal options and provide guidance at every step of the process. After filing the necessary paperwork, the next step is the discovery of evidence from both sides. The discovery process is an important part of proving that the other party is guilty of the negligent actions that resulted in your injury. After successful negotiations or a court ruling in your favor, you can then collect the agreed-upon compensation for your losses.

As a civil case, you have the option of accepting a settlement for your personal injury claim at any time if the other party offers an amount of compensation that you find to be satisfactory. It is important to always think twice before accepting a settlement though and to consider if the amount truly covers all of your losses, especially if you have strong evidence of the other party’s negligence.

How Does Negligence Factor Into Personal Injury Law?

To claim compensation for an accident in a personal injury case, it is usually necessary for the incident in question to be the result of the other party’s negligence. As with other types of civil cases, it is not necessary for the at-fault individual’s actions to be illegal for a court to consider those actions to be wrongful. Instead, establishing negligence only requires that someone failed to take reasonable precautions or that they acted without due care.

The first step in proving negligence is demonstrating that the other party owed a duty of care at the time of the accident. In the case of a car accident, for example, anyone operating a vehicle owes a duty of care to other motorists, bicyclists and anyone else on or near the roads. The next step is to show that there was a breach of that duty, such as if an at-fault driver disobeyed traffic laws or chose to text while driving.

It is also necessary for a plaintiff to prove that such a breach of duty was the cause of their damages. Witness statements, photographic evidence and medical records can be instrumental in this step. Lastly, a person seeking compensation for a personal injury must demonstrate that there are, in fact, damages for which they can recover a measurable financial amount.

What Damages Can You Recover in a Personal Injury Case?

Recoverable damages refer to the expenses and costs you incur as a result of someone else’s negligent actions. It is necessary to prove the presence of recoverable damages in a personal injury case because this shows that there is an observable cause for pursuing compensation. As a claimant, it is important for you to understand what damages you can recover so that you do not unknowingly accept a lowball settlement.

Economic Damages

Economic damages are the direct financial costs you pay regarding your injury. These are relatively easy to measure and prove through sufficient documentation. Common types of economic damages in a personal injury case include:

  • Medical bills
  • Emergency room costs
  • Lost wages
  • Loss of future income-earning potential
  • Property damage

Medical records, repair receipts and employment documentation including income statements are all examples of evidence you can use to demonstrate your recoverable economic damages.

Non-Economic Damages

Non-economic damages are those that are not directly related to financial expenses but are still entirely valid in the eyes of the law. They typically relate to circumstances regarding physical, mental or emotional pain such as:

  • Mental anguish
  • Emotional distress
  • Ongoing physical pain or discomfort
  • Disabilities and impairments
  • Decrease in enjoyment of life

It can be difficult to put an exact number on non-economic damages, but you can gain a better understanding of what your claim might be worth by consulting your attorney and your physician.

How Can an Attorney Help Your Personal Injury Case?

One of the first steps to consider after seeking immediate medical attention for your injury is to contact an attorney. Having a personal injury lawyer on your side can level the playing field when negotiating with insurance providers and help ensure you get the full amount of compensation you deserve.

The personal injury attorneys at Cellino Law can help your case by:

  • Conducting an investigation of your accident
  • Gathering statements, documents and other evidence to strengthen your claim
  • Negotiating with insurance representatives on your behalf
  • Guiding discussions toward a favorable settlement through mediation
  • Representing you in court if necessary

Your attorney can also help you ensure accuracy and correctness when filing your initial claim, so it is best to involve a lawyer early on in the process.

Contact an Attorney Who Understands Personal Injury Law

When you receive an injury that significantly disrupts your daily life, you likely just want a favorable solution that is as straightforward as possible. However, personal injury law is a broad practice area that covers a huge array of accident types and is subject to numerous variables. To make sure you get the outcome you deserve, it is important to work with an attorney who deeply understands the field of personal injury. To learn more about how Cellino Law can help you, call us at (888) 888-8888 or contact us online.

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Testimonials

  • Cellino Law is an amazing firm with a great team. I worked with Greg Pajak and his assistant, Tracey Falconer. I cannot express enough how dedicated they are. The personal attention I received was excellent; they were always available to help with questions and concerns and put me at ease in the unknown territory I found myself in. I highly recommend them to anyone needing representation. A huge thank you to them for all they accomplished for me!

    Liane

  • Tim Cellino handled my case beautifully. He is very knowledgeable and patient with all my questions. He kept in touch with me through out my ordeal. Tim also got a settlement for more than I expected. I highly recommend Tim Cellino!

    Jayne

  • I really just wanted to say thank you so much for taking my case, answering all my questions, and mostly for being very patient with me. I feel that without you and Roza I would not have been able to get anything at all. I hope to never need a lawyer again, but if I do I will definitely want you both working for me. Again thank your for you hard work, time and patience.

    Veola

  • I am writing this letter to say how much I appreciate your services pertaining to my case. Your injury attorney took a hands-on approach and left me fully informed at all times as to where my case was going as well as how much ground we had to cover; leaving the final decisions in my hands but making sure that I knew all of the risks involved in the choices. I have dealt with a few law firms in my life on various different cases and this is the first time that I never had to call and/or track down my lawyer… because of this, I have and will continue to recommend Cellino Law to my friends and associates.

    Denise

  • Cellino Law and more specifically my attorney, Gregory V. Pajak, Managing Attorney, and as a whole the Cellino Law Firm and its organization. This is by far one of the most professional law firms and attorney I have ever engaged with and retained in my 35 years. The level of professionalism goes beyond words, the care and constant engagement with me as the client was touching. I was never ever just treated as simply a CASE with potentially a significant dollar number attached to my file. I was engaged regularly, Tracey (Ass’t) and Greg always made sure to remain constant, as well as consistent in overseeing that my case was handled properly and that it did matter in many ways - ensuring that the end result(s) would be fair and reasonable to my case/injury. The regular follow-up calls were very satisfying, knowing that you’re involved in your case matters significantly AND always. One of my main items to recognize Cellino Law and Gregory is that whenever I called, I was able to get through to speak directly to my Lawyer and he would answer any if not all of my questions in a very professional and genuinely caring manner. I always felt cared for and protected legally and more importantly, I was made feel as a human being that was being cared for and always keeping me abreast of all matters connected to the case. There was never a point I felt let down, on the contrary -the level of service was “STELLAR”. Greg is the consummate professional, a ‘role model’, if you will, for what other attorneys should strive to become when dealing with their clients.

    Anthony

  • Mark Kochanowicz is from far the best attorney you can have. Mark treats you like a friend more than a client. He truly cares and go the extra mile for you and your case, contacts you to update you in regards to your case and keep you informed at all times. Mark represented me twice and settled my cases for way more than I expected. I highly recommend Mark Kochanowicz because he is just the best on what he does!!! Thank you Mark!!!!

    Maria