If you’re doing any personal injury law research, you’ve got a ton of questions. These are some of the most common – along with their answers.
Any area of law is so amazingly complex that, as you do research, you’re often left scratching your head for answers. Personal injury law has its own unique set of legal language.
So we want to make it as easy as possible to learn what you need to know about personal injury law.
Here are some of the most common questions you might have – and accurate answers to each:
- When have you experienced a personal injury?
It’s when another person’s carelessness or negligence causes you a physical (easier to prove) or psychological injury (much harder to prove). There’s many kinds of personal injury claims, like car accidents, slip-and-falls, birth injuries, defective products, medical malpractice, and others.
All personal injuries get tried in civil court, which means you can only recover financial compensation for them. You cannot imprison someone for a personal injury.
But, sometimes people convicted of crimes also get tried in civil court. O.J. Simpson had both a criminal trial (which he won) and civil trial (which he lost) for the murders of Nicole Brown and Ron Goldman.
- How do you know if someone else was careless or negligent?
It’s hard to always prove. In the case of car accidents, it’s easier to show. But with medical malpractice, it’s very difficult to show.
Legally, you have to ask, “In the same circumstances, would a reasonable person act in the same way?”
If the answer is, “No,” their action was negligent.
- How do you know if you have a viable case?
You don’t have to know. Dallas personal injury lawyers offer free consultations. During these meetings, they’ll get the facts of your case and let you know whether it’s viable. It doesn’t cost you anything to find out, so you can talk with several personal injury lawyers to see if one can take your case on.
- What compensation can you get?
You can recover financial compensation for lost wages, pain and suffering, and medical costs. In some rare cases, you can also get punitive (punishing) damages for grossly negligent conduct. We have a more detailed post on this here.
- What happens if a loved one dies because of someone else’s actions?
That may be a personal injury lawsuit. A common one would be if a drunk driver killed your family member. You call this type of claim a “wrongful death” lawsuit. In cases of wrongful death, the offending party may also face criminal charges.
- Are work injuries personal injury claims?
Sometimes they are. It depends on their cause. If your employer or a fellow employee causes your injuries, that’s a worker’s comp claim. But if a manufacturer makes a defective tool, that’s a personal injury claim. If you’re not sure, you can always call most any Dallas injury lawyer for a free consultation.
Those are some of the most common personal injury questions – hope they clear up any confusion you have!