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 a 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 either mentally or physically. Injuries can take several forms but the incident must be caused by an intentional act, negligence, or recklessness. Let us take a look at the major types of injuries that you can act on and can lead to a personal injury lawsuit:
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 greatly impacts the quality of life after the incident.
- Mental injuries that are trauma related are not always permanent. But still these injuries affect the general well being of the person in the near future. Examples of these are; Post Traumatic Stress Syndrome, Phobias and Depression.
- Emotional distress can also be a basis of action but is often not a lawsuit on its own. These claims are usually associated with other mental or physical injuries. Typically, all physical injuries have an “emotional distress” component, such as fears associated with the injury, the pain of not being able to pick up your children, or have normal relations with a spouse due to pain or incapacity. Qualified witnesses to an incident of physical injury may claim for emotional distress as they might have apprehensions that prohibit them from doing everyday things.
Physical injuries are caused by a number of incidents such as car accidents, work related hazards, medical malpractice or even defects from products. The extent of the physical damage can determine whether or not an individual will pursue the case. In order 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 necessary illegal), or not doing something they should have done.
Often proof of physical injury requires medical examinations in order to find out if the injury will be considered as a major or minor one and what possibilities that this injury or injuries will have an impact later in life for the plaintiff. Disfigurement, major 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 that was experienced by the plaintiff (or a victim) prevents him or her to go to work or live everyday life as usual is a valid case that can be pursued, even if the restriction only lasts for 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 on a daily basis and come from many places. If you have been injured and are unsure of your rights, the best thing you can do is to consult a lawyer who is 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 make contact today; we are here to help you. 601-414-3707.