Personal injury any type of injury to an individual’s body, mind, or emotions. The term “personal injury” is used in a legal setting to encompass all of these aspects. People are most familiar with personal injury cases as the result of automobile accidents. In order for a personal injury case to be successfully conducted, fault must clearly be established. In the example of vehicle accidents, it must be clearly determined that the other driver was negligent or intentionally caused harm. Personal injury cases are often part of other cases, wherein criminal and civil suits can be filed. Not all instances of property damage result in personal injury claims, and vise versa. Personal injury law can also be referred to as tort law.
Requirements for a personal injury claim.
Tort cases require two basic grounds; liability and damages. There has be clear liability established against the defendant, and there has to be direct damages as a result of their actions or inaction. A good example is if you slip in a grocery store because there is a pool of water and no sign giving warning. The store is held liable due to their inaction to properly clean the mess or at least set up warning that the floors were dangerous in that area. Acts of nature are one instance that cannot be considered in personal injury claims. You cannot for example, sue a park for having tall trees or metal in their pavilions if someone is struck by lightening during a storm. In the eyes of the law, if a person puts themselves into situations such as those, the owner of the property cannot be held liable for what are also called, “acts of God”, which are basically natural hazards.
Are there limitations for filing personal injury cases?
Each state and territory can have differing statute of limitations, which means they can set time limits on how long you can wait before filing. As an example, in some states you have three months from the time of an accident to file a personal injury claim, whereas in others you can have up to a year. You would need to contact the governing body for where the incident occurred that lead to personal injury. There can also be limitations on how much you can file for. The reason it is necessary to hire a lawyer for personal injury cases is the complexity and variations present in regards to personal injury laws.