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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