As I was reading the news online, I was startled by the news that a man found needles in his in-flight meal recently. This brought me to the thought that I should give readers a general understanding of personal injury law.
Personal injury lawsuits are based on the fact that a plaintiff suffered mentally or physically. Injuries can take several forms, but an intentional act, negligence, or recklessness must cause the incident. Let us take a look at the major types of injuries that you can act on and can lead to a personal injury lawsuit:
Mental Injuries:
You can have a valid case without having been physically injured, or you can suffer from a mental as well as physical injury. These cases are classified as mental injuries and affect the plaintiff mentally (or even emotionally) as it was caused by an accident or trauma resulting from the incident.
- A firm basis for bringing out an action is when a plaintiff suffered injuries that resulted from a coma, memory loss, or mental retardation that significantly impacted the quality of life after the incident.
- Mental injuries that are trauma-related are not always permanent. However, these injuries will still affect the person's general well-being soon. Examples of these are Post Traumatic Stress Syndrome, Phobias, and Depression.
- Emotional distress can also be a basis for action but is often not a lawsuit. These claims are usually associated with other mental or physical injuries. Typically, all physical injuries have an “emotional distress” component, such as fears related to the injury, the pain of not being able to pick up your children, or having normal relations with a spouse due to pain or incapacity. Qualified witnesses to an incident of physical injury may claim emotional distress as they might have apprehensions that prohibit them from doing everyday things.
Physical Injuries:
Physical injuries are caused by several incidents, such as car accidents, work-related hazards, medical malpractice, or even defects in products. The extent of the physical damage can determine whether or not an individual will pursue the case. For a plaintiff to have a valid case filed and to be reviewed by the court, his or her attorney must prove that the injury happened as a result of a person or company either doing something that they should not have done (not necessarily illegal), or not doing something they should have done.
Often, proof of physical injury requires medical examinations to determine if the injury will be considered a major or minor one and what possibilities this injury or injury will have an impact later in life for the plaintiff. Disfigurement and significant and permanent injuries receive the highest consideration as this implies that these injuries will remind the victim of the incident for the rest of his or her entire life. On the other hand, minor injuries can also be valid cases in court. An example would be if an injury experienced by the plaintiff (or a victim) prevents him or her from going to work or living as usual. It is a valid case that can be pursued, even if the restriction lasts only a day or less. Damage that requires treatment by a physician, chiropractor, psychologist, or psychiatrist is often enough to justify instituting the legal process.
Injuries happen daily and come from many places. If you have been injured and are unsure of your rights, the best thing you can do is consult a lawyer knowledgeable in personal injury law. The lawyers at Derek L. Hall, PC, have the needed experience to help you with your personal injury case. Feel free to contact us today; we are here to help you. 601-414-3707.
