“Personal injury” cases are legal disputes that arise when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The most common types of personal injury claims are road traffic accidents, accidents at work, tripping accidents, assault claims, accidents in the home, product defect accidents (product liability) and holiday accidents.
A personal injury lawyer is a lawyer who provides legal representation to those who claim to have been injured, physically or psychologically, as a result of the negligence or wrongdoing of another person, company, government agency, or other entity. Most personal injury cases are based on the doctrine of negligence. In essence, negligence requires every member of society to act responsibly and avoid putting others at risk. That is not to say that negligence will result each time someone gets hurt.
Many personal injury laws date back to old “common law rules.” Common law refers to law made by judges, as opposed to laws made by legislatures or passed in bills and statutes.
When a judge hears and decides a case, his decision on that issue of law becomes binding precedent on all other courts in the state that are “lower” than the deciding judge’s court. These other courts then have to apply what the first judge said, and eventually, all of this binding precedent creates a body of “common law.”
Many states follow the pure doctrine or rule of contributory negligence. If your carelessness or negligence helped cause your injury, you’re barred from recovering damages from the other person. In other words, if you’re the least bit negligent and it helped cause the accident or injury, you won’t receive anything. Many states’ joint and several liability rules make everyone responsible for your injury liable for all of your damages. This means any one defendant can be made to pay everything.
he personal injury can be physical or psychological but, to be considered actionable, it must occur due to the negligence or unreasonably unsafe actions of your employer, a manufacturer, your doctor, your landlord, or some other person or organization who owes you a duty of ordinary care.